2.2.6. Voluntary indication of a place of business of the original applicant on the date of filing of the European patent application

In addition to the mandatory information under Rule 6(2) UPR, a voluntary indication may be made together with the request for unitary effect as to a place of business of the original applicant on the date of filing of the European patent application within the meaning of Art. 7(1)(b) Regulation (EU) No 1257/2012 (Rule 16(1)(w) UPR).

As an object of property, a Unitary Patent will 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 (Art. 7(1) Regulation (EU) No 1257/2012):

• The applicant had their residence or principal place of business on the date of filing of the application for the European patent or
• 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.

Where two or more persons are entered in the European Patent Register as joint applicants, see Art. 7(2) Regulation (EU) No 1257/2012.

In cases where an applicant did not have a residence or principal place of business in one of the participating Member States within the meaning of point a) when filing the European patent application or the international application under the PCT designating or electing the EPO (Euro-PCT application), it can prove useful to have an entry in the Register for unitary patent protection showing "a place of business on the date of filing" within the meaning of point b) (Rule 16(1)(w) UPR).

While indicating a "place of business on the date of filing" is voluntary, that information may only be provided together with the request for unitary effect. If, in such circumstances as those mentioned in the paragraph above, it is not provided with the request for unitary effect, German law will apply with regard to the treatment of the Unitary Patent as an object of property pursuant to Art. 7(3) Regulation (EU) No 1257/2012.

Care must be taken to provide the correct information as regards the place of business within the meaning of point (b) 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.

A place of business provided together with the request for unitary effect under Rule 16(1)(w) UPR will not be displayed in the Register for unitary patent protection if the UPCA has not taken effect in the indicated participating Member State at the date of registration of unitary effect by the EPO (Arts. 7(1) and 18(2) Regulation (EU) No 1257/2012).