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Update on Unitary Patent request filing statistics

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June 14, 2023
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The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023. A further grant of unitary effect was published on Tuesday 13 June 2023. Another 42 grants of unitary effect have been published on Wednesday 14 June 2023. A yet further batch of 16 is indicated for publication on Thursday 15 June, 36 on Friday 16 June and 12 on Monday 19 June. This brings the total of granted unitary patents to date to 716.

The unitary effect applies retrospectively from the grant date of the European patent, which is 7 June 2023 in all cases.

A total of 958 requests for unitary effect are recorded as having been filed, so 242 are still pending as of today, Wednesday 14 June 2023.

Recent Case Reports

See all Case Reports

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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