What are the requirements for obtaining a European patent with unitary effect (Unitary Patent)?

Before unitary effect can be registered by the EPO, the applicant must first obtain a European patent. A European patent application must therefore be filed and processed under the EPC.

In order to be eligible for registration as a Unitary Patent, the European patent must have been granted with the same set of claims in respect of all the 25  Member States participating in enhanced co‑operation. This condition must be met irrespective of whether all these states will in fact be covered by the Unitary Patent. It is therefore important not to withdraw the designation of any of the 25 Member States participating in enhanced co‑operation because this would rule out obtaining a Unitary Patent. Moreover, the European patent should not contain a different set of claims for any of the participating Member States, as this too would prevent the EPO from registering a Unitary Patent.

Once a European patent has been granted, the proprietor must file a "request for unitary effect" at the EPO to obtain a Unitary Patent. The request must be filed in writing – which includes filing by online means – in the language of proceedings no later than one month after the date of publication of the mention of the grant in the European Patent Bulletin. The request may be filed at the earliest once the decision to grant the European patent has been issued (EPO Form 2006A). The request for unitary effect must contain a translation of the European patent (see also "Are there any translation requirements when requesting unitary effect?" for further details). 

The EPO recommends using Form 7000 to file the request.