IV.Examination of the request for unitary effect by the EPO 

77If 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).

78If you comply with the period for filing the request for unitary effect (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 failed to comply with the requirements within this period, the EPO will take a final decision rejecting your request for unitary effect.

79If 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 no later than one month after the mention of the grant of the European patent is published in the European Patent Bulletin (see 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.