CHAPTER I – THE REQUEST FOR UNITARY EFFECT
(1)At the request of the proprietor of the European patent, unitary effect shall be registered by the European Patent Office in the Register for unitary patent protection.
(2)*Unitary effect shall be registered only if (a) the European patent has been granted with the same set of claims in respect of all the participating Member States, and (b) the proprietor of the European patent is not subject to the restrictive measure laid down in Article 5s(2) of Regulation (EU) No 833/2014 as amended by Regulation (EU) 2024/1745, having regard to Article 5s(5) of that amended Regulation.
*Amended by decision of the Select Committee of the Administrative Council SC/D 1/24 of 13.11.2024 (OJ EPO 2024, A96), which entered into force on 15.11.2024. The version of Rule 5, paragraph 2 in force prior to this amendment will be automatically reinstated on the date Article 5s(2) of Regulation (EU) No 833/2014 as amended by Regulation (EU) 2024/1745 ceases to have effect. See notices from the EPO of 10.07.2024 (OJ EPO 2024, A70) and of 13.11.2024 (OJ EPO 2024, A100).