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/ Florian Dietzler

EPO provides transitional measures for obtaining Unitary Patents

In view of the forthcoming entry into force of the UPC Agreement (UPCA) and the accompanying introduction of the Unitary Patent system, the EPO will provide two transitional measures in order to obtain unitary effect for European patents.

Firstly, European patent applicants will have the possibility to request a delay of the grant of a European patent. If the request is allowable, publication of the grant will take place only on or after the date of the UPCA’s entry into force so that registration of unitary effect for the European patent is possible. Secondly, applicants will have the possibility to file an early request for unitary effect. Both these measures will be available from the date Germany deposits its instrument of ratification of the UPCA until the date of entry into force of the UPCA and only for European patent applications in respect of which the text intended for grant according to Rule 71(3) EPC has been issued. The request for delay of the grant additionally requires that the applicant has not yet approved the text intended for grant.

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