II. The request for unitary effect
Form and time limit
53As regards the procedure for obtaining a Unitary Patent, the proprietor of a European patent must file a formal "request for unitary effect" in writing with the EPO (Rule 5(1) UPR). It is strongly recommended that the dedicated EPO Form 7000 be used to file the request. The request must be filed no later than one month after the mention of the grant of the European patent is published in the European Patent Bulletin (see Article 9(1)(g) Regulation (EU) No 1257/2012; Rule 6(1) UPR; Article 97(3) EPC). It is important to bear in mind that this is a non-extendable period (see point 74 for the legal remedy available if it is not observed). The requester must be the proprietor mentioned in the European Patent Register at the date of filing of the request for unitary effect or, at the latest, at the date of registration of unitary effect. In order to provide users with flexibility, the EPO offers the possibility that requests for unitary effect be filed already after the issuance of the decision to grant the European patent (EPO Form 2006A), see Supplementary publication 3, OJ EPO 2023.
55Where the request for unitary effect is filed on paper, one copy of the request itself must be filed.
56A Unitary Patent can also be requested for a European patent granted to multiple proprietors in respect of the same or different participating Member States as long as it was granted with the same set of claims in respect of all those participating Member States.
57If there is more than one proprietor, the request for unitary effect should preferably appoint one proprietor or representative as common representative. If it does not name a common representative, the first named requester will be deemed to be the common representative. However, if one of the requesters is obliged to appoint a professional representative, that representative is deemed to be the common representative unless the first-named requester has appointed a professional representative (see Rule 151(1) EPC, which applies mutatis mutandis under Rule 20(2)(l) UPR).
58Only, however, if the request for unitary effect has been duly signed by all the proprietors (or their representative(s)) is their common representative entitled to act for them all. Multiple proprietors need not be listed in the request for unitary effect in the same order as in the request for grant (EPO Form 1001) or in the European patent specification.
59Please note that a co-proprietor of a European patent who owns that patent exclusively in respect of one or more EPC contracting states not territorially covered by the Unitary Patent scheme (see points 25 to 31) cannot request unitary effect or be designated as common representative. For instance, this will apply where the European patent is granted to a co-proprietor either exclusively for one or more EPC contracting states that are not participating Member States (e.g. Switzerland or the United Kingdom) or exclusively for one or more participating Member States in which the UPCA has not taken effect. Such a co-proprietor should therefore not be listed in the request for unitary effect.