This notice repeals the notice from the
European Patent Office dated 22 December 2021 concerning the forthcoming
introduction of the Unitary Patent and the possibility to file early
requests for unitary effect (OJ EPO 2022, A6)
as of its date of publication in the Official Journal of the European
Patent Office. Please note that the present notice merely reflects the
fact that the start date for filing early requests for unitary effect
has been adjusted. No other changes were made.

Regulations (EU) No 1257/2012 and (EU) No 1260/2012^[ 1 ] setting up the Unitary Patent will apply from the date of entry into force of the Agreement on a Unified Patent Court (UPCA).^[ 2 ]

In order to facilitate the introduction of
the Unitary Patent system, the European Patent Office (EPO) will accept
requests for unitary effect^[ 3 ]
filed prior to the date of application of the above-mentioned
Regulations (hereinafter referred to as “early requests for unitary
effect”). Such early requests for unitary effect will be allowed to be
filed as of 1 January 2023. Early requests for unitary effect may only
be filed for European patent applications in respect of which a
communication under Rule 71(3) EPC has been despatched.

If the requirements for the registration of
unitary effect as provided for in the Rules relating to Unitary Patent
Protection are met, the EPO will register unitary effect once the
Unitary Patent system has started and communicate the date of this
registration to the requester. Otherwise, it will invite the requester
to correct the deficiencies if applicable or reject the request for
unitary effect^[ 4 ].
It is to be noted that requesters will receive a communication
concerning the result of their request for unitary effect at the
earliest a few days after the publication of the mention of the grant of
the relevant European patent in the European Patent Bulletin following
the start of the Unitary Patent system. The EPO will however inform
requesters about formal deficiencies already before the entry into force
of the Rules relating to Unitary Patent Protection, giving them the
possibility to make corrections in due time.

Where an early request for unitary effect is filed before the 1 January 2023 and/or if a Rule 71(3) EPC-communication
has not been despatched, it cannot be treated as a request for unitary
effect. The applicant will be informed about this and will be able to
resubmit the request once the conditions are met.

It is important to note that unitary effect
may only be registered by the EPO for any European patent granted on or
after the date of application of Regulation (EU) No 1257/2012.^[ 5 ]
It should also be noted that the filing of an early request for unitary
effect does not imply that the EPO will delay issuing the decision to
grant a European patent, which can only occur upon explicit request. For
further details concerning 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,
please see the Decision of the President of the European Patent Office
dated 11 November 2022 as well as the corresponding EPO Notice.^[ 6 ]

The possibility of filing early requests for
unitary effect is only available until the date of application of
Regulations (EU) No 1257/2012 and (EU) No 1260/2012. Detailed
information as to the filing of requests for unitary effect on or after
that date can be found in the Unitary Patent Guide available on the EPO
website.

Please note that a request for unitary
effect should preferably be filed online. Form UP 7000 (request for
unitary effect) will be made available in both Online Filing (eOLF) and
Online Filing 2.0. When using web-form filing, it is highly recommended
to use Form 7000 which will be provided on the EPO’s website. The
request for unitary effect can also be filed in person, by postal
services or by fax in which cases it is also strongly recommended to use
Form 7000, reading the explanatory notes carefully before completing
it.

^[ 1 ] See OJ EPO 2013, 111 and 132.

^[ 2 ] See OJ EPO 2013, 287.

^[ 3 ] See Rules 5 to 7 Rules relating to Unitary Patent Protection.

^[ 4 ] Please see the Unitary Patent Guide, B IV., for details as to the examination of the request for unitary effect by the EPO.

^[ 5 ] See Article 18(6) Regulation (EU) No 1257/2012. Pursuant to Article 97(3) EPC,
the decision to grant a European patent shall take effect on the date
on which the mention of the grant is published in the European Patent
Bulletin.

^[ 6 ]
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.