When can I file the request for unitary effect?

According to Rule 6 of the Rules relating to Unitary Patent Protection (UPR), requests for unitary effect must be filed with the EPO no later than one month after publication of the mention of the grant of the European patent in the European Patent Bulletin.

Since 1 June 2023, the date of entry into force of the Unitary Patent system, with a view to giving its users more flexibility, the EPO has offered the option of filing requests for unitary effect at an early stage, namely as soon as the decision to grant the European patent has been issued (EPO Form 2006A).

Requests for unitary effect filed early will not be processed by the EPO before the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin and will appear in the Register for unitary patent protection only as of that date. They can therefore still be withdrawn so long as the EPO has not yet taken a decision, i.e. to register unitary effect or reject the request.

For further information, please see the notice from the EPO dated 26 April 2023 concerning the filing of early requests for unitary effect after entry into force of the Unitary Patent system.