UPC CFI , CD Paris, 30 December 2025 : Request for annulment of EPO decision regarding unitary effect rejected
19-03-2026 Print this page
In its decision of 10 November 2025, the EPO rejected the request of registration of unitary effect of the patent in suit, based on the fact that the patent had not been granted for all member states of the UPC that were participating at the time the request was filed. (Malta)
Request for annulment of the decision of the EPO rejected. (Rule 97 RoP).
The UPC applies EU law in its entirety and respects its primacy in accordance with Art. 1(2) and Art. 20 of the UPCA, including reviewing a decision by the EPO.
Compliance with the guarantees afforded by the EU legal order in administrative proceedings is all the more important for the EPO as the competent authority, so that the question of whether the EPO is bound by EU law can be left open.
Unitary effect is not tied to the designation of the states in the patent application, but rather to the grant of the European patent as the final result, as well as to the date of the request for unitary effect. (Article 142 EPC , Article 149 EPC) .
This is a deliberate legislative choice to ensure the unitary character of the European patent with unitary effect and cannot be regarded as an unintended gap.
Regulation No. 1257/2012 on Unitary Patent protection does not provide that the designation of one or more Member States shall be deemed to be the designation of all Member States.
The unitary character of the European patent with unitary effect requires that the grant of the patent give rise to the same substantive rights in all Member States. Thus, if the patent has not been granted for a Member State, these substantive rights cannot arise in that State, and the patent does not have a unitary character.
