Article 68

The European patent application and the resulting European patent shall be deemed not to have had, from the outset, the effects specified in Articles 64 and 67, to the extent that the patent has been revoked or limited in opposition, limitation or revocation proceedings.

UPC Case Law

IPPT20260116, UPC CFI LD Paris, IMC Creations v Mul-T-Lock 
 A unitary patent takes effect retroactively, (Articles 64(1) , 68 EPC , Article 4(1) Unitary patent regulation) as of the date of the European patent became a unitary patent, pursuant to the combined provisions of Articles 64(1) and 68 of the EPC and Article 4(1) of the Unitary patent regulation.  Furthermore, the patent as granted, so long as it has not been judicially invalidated, is deemed valid from the date of its grant.

IPPT20250804, UPC CFI, LD The Hague, Advanced Brain Monitoring v Philips
No need to amend case because of amended B2 version of European Patent (R. 263 RoP). Article 68 EPC clarifies that from the outset the patent shall be deemed not to have had the effects specified in Art. 64 and Art. 67 EPC to the extent that the patent is limited. Therefore, already on the date on which the SoC was filed, the B1 version of the patent no longer existed and had been replaced by the B2 version with retroactive active effect. Thus, the B2 text is deemed to exist/be valid from the date on which the patent was first granted.