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Unitary Patent Day 2023

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June 7, 2023
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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

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Court of Appeal focuses on the technical effect to determine added matter
30 September 2026
The Court of Appeal provided guidance on their approach to assessing added subject matter, highlighting that the technical effect underlying the invention and how the claimed and unclaimed features contribute thereto is central to the analysis.
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Court of Appeal affirms interpretation of product-by-process features in claims, and clarifies applicable law pre-June 2023
29 September 2026
The Court of Appeal confirmed that product-by-process features in a product claim limit the claim only where the specified process imparts characteristics that can be achieved solely by that process. It also clarified the law applicable to acts occurring before 1 June 2023, holding that UPC law may apply to ongoing infringement for injunctive relief, whereas damages for acts completed before that date are governed by national law, and that claims for provisional protection remain governed by national law.
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Appeal reveals tricky deadlines for orders contained in decisions
29 September 2026
The Court of Appeal held that where a “privileged order” under Rule 220(1)(c), such as an order relating to the production of evidence under Article 59 UPCA and Rule 190 RoP, is contained within a decision on the merits, a 15 day appeal deadline for that order applies, separate from the substantive appeal deadline. Appeals challenging such orders after that deadline are inadmissible, and parties cannot circumvent the appeal rules by re-filing substantially the same request in the appeal proceedings.
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