Unitary Patent Day 2023

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June 7, 2023
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UPC

Today is Unitary Patent day!

In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of patents on a Wednesday, and so today is the first day in which patents are actually granted that can be the subject of a request for unitary effect to become a Unitary Patent in the participating 17 EU countries. It has been possible to file such requests in advance (since the beginning of January 2023) but they cannot take effect before today.

EIP has filed some requests for unitary effect already, and we expect to file more over the next few weeks. The Register shows that 650 requests for unitary effect have been filed already; none granted yet.

Don't forget that if the patent is granted in English, a translation into any official EU language must be filed as well. The language does not have to be of a country participating in the Unitary Patent system, so Spanish is a popular choice, especially if the European Patent will be validated in Spain as well.

Recent Case Reports

Scripps mRNA reengineering patent found invalid and not infringed by Comirnaty
08 September 2026
The Local Division Munich invalidated Promosome's licensed mRNA patent over Scripps' codon-optimisation method, then found BioNTech's Comirnaty vaccine would not have infringed the claims even had they been valid.
Fujifilm v Kodak: clarifying the defence of dependent claims and inventive-step combinations at the UPC
27 August 2026
The Court of Appeal gave guidance on defending dependent claims, relying on EPO central limitation during UPC proceedings, and pleading revocation attacks. It also emphasised that inventive-step combinations require a proper pointer to the secondary reference.
Can Reference Numerals Influence Claim Interpretation?
21 August 2026
In T 0903/24, the EPO Board of Appeal relied on reference numerals to interpret disputed claim language, rejecting the patentee's narrower reading and revoking novelty over prior art D2 for the main request.