EPO sets start of transitional measures to 1 January 2023

Aligning with the recently published implementation roadmap published by the Unified Patent Court (UPC), the EPO has decided to adjust the starting date of its transitional measures to 1 January 2023.

As of that date, patent applicants may file early requests for unitary effect and requests for a delay in issuing the decision to grant a European patent. The measures are applicable until the entry into operation of the Unitary Patent Protection system which is expected to be on 1 April 2023.

The two measures were introduced to support an early uptake of the Unitary Patent by the users.

1. Early request for unitary effect

The first transitional measure will enable applicants to file early requests for unitary effect already before the start of the Unitary Patent system. This will allow the EPO to register unitary effect immediately at the start of the system, provided all corresponding requirements are met. The EPO will allow early requests for unitary effect as of 1 January 2023. Moreover, early requests for unitary effect may only be filed for European patent applications in respect of which a communication under Rule 71(3) EPC has been despatched.

2. Request for a delay in issuing the decision to grant a European patent

The second transitional measure will provide the possibility for the applicant to request a delay in issuing the decision to grant a European patent after despatch of a communication under Rule 71(3) EPC by the Office and before approving the text intended for grant. This will make a European patent eligible for Unitary Patent protection that would otherwise have been granted before the start of the new system, and will avoid that applicants miss opportunities to obtain a Unitary Patent in the transitional phase.