On September 1, 2024, the unitary effect will apply in an additional state: Romania. This extension of territorial scope is not retroactive. It will only apply to European patents for which unitary effect is registered as of September 1, 2024.
To enable applicants to benefit from this extension of territorial scope as of now, the EPO accepts, on request, to delay the registration of unitary effect to a later date than September 1, 2024. This request for delay must be filed with the request for unitary effect, no later than one month after grant.
Romania will join the current 17 Member States: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Portugal, Slovenia and Sweden.
Two generations of patents with unitary effect will therefore coexist:
the first generation, covering 17 countries, when unitary effect has been registered between June 1, 2023 and August 31, 2024;
the second generation, covering 18 States, when the unitary effect has been registered from September 1, 2024.
This factor should particularly be taken into account in your freedom-to-operate studies.
Regimbeau's teams are at your disposal to advise you on your strategic challenges in Romania.
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