IV.
Examination of the request for unitary effect by the EPO 
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If you meet the Rule 5(2) UPR requirement (European patent granted with the same set of claims in respect of all the participating Member States) and your request for unitary effect complies with the formal requirements set out in Rule 6 UPR, the EPO will grant you a Unitary Patent, i.e. register unitary effect in the Register for Unitary Patent Protection, and inform you of the date of registration (see Rule 7(1) UPR). The Unitary Patent will take effect on the date of the publication of the grant of the European patent in the European Patent Bulletin (Article 4(1) Regulation (EU) No 1257/2012).
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.
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If you do not meet the requirement under Rule 5(2) UPR (European patent granted with the same set of claims in respect of all the participating Member States) or fail to file your request for unitary effect within the one-month period under Rule 6(1) UPR, the EPO will reject your request for unitary effect (Rule 7(2) UPR). Before doing so, however, it will invite you to comment at least once in accordance with Article 113(1) EPC, which applies pursuant to Rule 20(1) UPR.

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