If you meet the one-month deadline under Rule 6(1) UPR
and the Rule 5(2) UPR
requirement but do not meet all the formal requirements under Rule 6(2) UPR
, the EPO will give you an opportunity to comply with the outstanding requirements within a non-extendable period of one month (Rule 7(3) UPR
). You cannot seek re-establishment of rights in respect of this new period (see Rule 22(6) UPR
), and no other legal remedy is available, so if you have still failed to comply with the requirements by the end of this period, the EPO will take a final decision to reject your request for unitary effect. You can bring an action against this decision before the UPC.