2.2.2. Persons entitled to file a request for unitary effect

A Unitary Patent may be requested for a European patent granted to multiple proprietors in respect of the same or different participating Member States on condition that it was granted with the same set of claims in respect of all participating Member States. The request must be made by all co-proprietors in respect of the participating Member States to which the unitary effect will extend. However, co-proprietors cannot request unitary effect for a European patent that has been granted to them exclusively in respect of one or more EPC contracting states not participating in enhanced cooperation or where the UPCA is not in force. Such co-proprietors cannot request unitary effect or be designated as common representatives.

Joint proprietors of a European patent filing a request for unitary effect may act through a common representative. If the request for unitary effect does not name a common representative, the proprietor first named in the request will be considered the common representative. However, if one of the proprietors is required to appoint a professional representative under Rule 20(1) UPR in conjunction with Art. 133(2) EPC, the duly appointed representative will be considered the common representative acting on behalf of all proprietors. In such cases, no other proprietor can act as common representative. However, if the proprietor first named in the request has appointed a professional representative, that representative will be considered to be acting on behalf of all proprietors (Rule 20(2)(l) UPR in conjunction with Rule 151(1) EPC).

The common representative is only entitled to act for all the proprietors if the request for unitary effect has been duly signed by all of them or their respective representatives.