EPO sets start of transitional measures to 1 January 2023

14 November 2022

Aligning with the recently published implementation roadmap published by the Unified Patent Court (UPC), the EPO has decided to adjust the starting date of its transitional measures to 1 January 2023.

As of that date, patent applicants may file early requests for unitary effect and requests for a delay in issuing the decision to grant a European patent. The measures are applicable until the entry into operation of the Unitary Patent Protection system which is expected to be on 1 April 2023.

The two measures were introduced to support an early uptake of the Unitary Patent by the users.

For detailed information as to the requirements for these two measures, including some examples, please go to the dedicated webpage of the EPO.

Please note that in the revised version of the texts published by the EPO, no other change than the adjustment of the starting date of the transitional measures has been made.

Further information:

• Implementation roadmap
• Decision of the President of the European Patent Office dated 11 November 2022 concerning the forthcoming introduction of the Unitary Patent and the possibility of requesting a delay in issuing the decision to grant a European patent in response to a communication under Rule 71(3) EPC.
• Notice of the European Patent Office dated 11 November 2022 concerning the forthcoming introduction of the Unitary Patent and the possibility of requesting a delay in issuing the decision to grant a European patent in response to a communication under Rule 71(3) EPC.
• Notice from the European Patent Office dated 11 November 2022 concerning the forthcoming introduction of the Unitary Patent and the possibility to file early requests for unitary effect.