Article 149

1. The group of Contracting States may provide that these States may only be designated jointly, and that the designation of one or some only of such States shall be deemed to constitute the designation of all the States of the group.

2. Where the European Patent Office acts as a designated Office under Article 153, paragraph 1, paragraph 1 shall apply if the applicant has indicated in the international application that he wishes to obtain a European patent for one or more of the designated States of the group. The same shall apply if the applicant designates in the international application one of the Contracting States in the group, whose national law provides that the designation of that State shall have the effect of the application being for a European patent.

Case Law

IPPT20251230, UPC CFI, CD Paris, PAPST v EPO
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). 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.