2.2.1. Form and time limit

The proprietor of a European patent must file a request for unitary effect in writing in the language of the proceedings with the EPO (Rule 5(1) UPR). EPO Form 7000 is available for that purpose; its use is not mandatory but strongly recommended. The request must be filed no later than one month after the publication of the mention of the grant of the European patent in the European Patent Bulletin (Art. 9(1)(g) Regulation (EU) No 1257/2012; Rule 6(1) UPR; Art. 97(3) EPC). This period is a non-extendable. Re-establishment of rights in respect of this period can be requested (see 4.1).

The request for unitary effect may also be filed at an earlier stage, once the decision to grant the European patent has been issued (EPO Form 2006A). An early request for unitary effect will however not be processed by the UPP Division before the date of the publication of the mention of the grant of the European patent in the European Patent Bulletin and will only appear in the Register for unitary patent protection as of that date.

Unitary effect must be requested by the proprietor of the European patent (Rule 5(1) UPR). If the proprietor changes because a transfer of rights is registered between the filing of an early request for unitary effect and the publication of the mention of the grant of the European patent in the European Patent Bulletin, the new proprietor will be asked by the UPP Division to confirm the early request for unitary effect. If a transfer of rights is pending at the time of filing a request for unitary effect, the UPP Division will assess the particularities of the case to determine whether the request for unitary effect may be registered immediately or whether the registration of the transfer of rights needs first to be confirmed.