The requirements  
First of all, in order to be eligible for registration as a Unitary Patent, a European patent must have been granted with the same set of claims in respect of all 26 participating Member States (Rule 5(2) UPR; Article 3(1) in conjunction with Recital 7 Regulation (EU) No 1257/2012). It is therefore important not to withdraw the designation of any of the 26 participating Member States because this would rule out obtaining a Unitary Patent. Moreover, a European patent should not contain a different set of claims for any of the participating Member States (see Rule 138 EPC), as this too would also prevent the EPO from registering a Unitary Patent (Rule 5(2) UPR).

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