II. The request for unitary effect
Voluntary indication of a place of business on the date of filing of the European patent application (Article 7(1)(b) Regulation (EU) No 1257/2012 and Rule 16(1)(w) UPR)
61In addition to the mandatory information specified under point 60, a voluntary indication may be made together with the request for unitary effect as to a place of business on the date of filing the European patent application within the meaning of Article 7(1)(b) Regulation (EU) No 1257/2012 (Rule 16(1)(w) UPR).
62Article 7(1) Regulation (EU) No 1257/2012 provides that "a European patent with unitary effect as an object of property shall be treated in its entirety and in all the participating Member States as a national patent of the participating Member State in which that patent has unitary effect and in which according to the European Patent Register:
(a) the applicant had his residence or principal place of business on the date of filing of the application for the European patent; or
(b) where point (a) does not apply, the applicant had a place of business on the date of filing of the application for the European patent."
63It can prove useful to have an entry in the Register for unitary patent protection (which is an integral part of the European Patent Register) showing "a place of business on the date of filing" within the meaning of point (b) above (see Rule 16(1)(w) UPR) in cases where an applicant, when filing a European patent application or international application under the PCT designating or electing the EPO (Euro-PCT application), did not have a residence or principal place of business in one of the participating Member States within the meaning of point (a), for example where the applicant had its residence or principal place of business in the United States of America or Switzerland (see Rule 16(1)(x) UPR). Providing information on such a "place of business on the date of filing" is voluntary. Please note that it may however only be provided together with the request for unitary effect. If, in the case described above, no information concerning such place of business is provided together with the request for unitary effect, German law will apply with regard to the treatment of the European patent with unitary effect as an object of property pursuant to Article 7(3) Regulation (EU) No 1257/2012.
64The proprietor of the European patent must take care to provide the correct information as to a place of business within the meaning of point (b) above in order to avoid any legal uncertainty. This is not only relevant for the proprietor but also for third parties, for whom incorrect information may have adverse legal consequences.