UPC CoA, 9 February 2026, No unitary effect for lack one partcipating Member State (Malta) not being designated
22-03-2026 Print this pageIPPT20260209, UPC CoA, PAPST Licensing v EPO
Request to grant unitary effect denied (R. 97 RoP).
Article 3(1) of Regulation 1257/2012 cannot be interpreted to allow registration of unitary effect for a granted European patent which does not include the designation of one of the participating Member States.
No justification can be found to allow for Art. 3(1) of Regulation 1257/2012 to be applied contra legem.
Request to refer questions to the CJEU denied (acte clair) (Article 20 UPCA). The outcome in the present proceedings is based on a literal reading of Article 3(1) of Regulation 1257/2012.
