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Unitary Patent Day 2023

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June 7, 2023
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Today is Unitary Patent day!

In principle, a Unitary Patent could be obtained for a European Patent granted from 1 June 2023. But in practice, the European Patent Office only publishes grant of patents on a Wednesday, and so today is the first day in which patents are actually granted that can be the subject of a request for unitary effect to become a Unitary Patent in the participating 17 EU countries. It has been possible to file such requests in advance (since the beginning of January 2023) but they cannot take effect before today.

EIP has filed some requests for unitary effect already, and we expect to file more over the next few weeks. The Register shows that 650 requests for unitary effect have been filed already; none granted yet.

Don't forget that if the patent is granted in English, a translation into any official EU language must be filed as well. The language does not have to be of a country participating in the Unitary Patent system, so Spanish is a popular choice, especially if the European Patent will be validated in Spain as well.

Recent Case Reports

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No language change at Central Division
08 October 2026
Proceedings before the UPC Central Division must be conducted in the language in which the patent was granted. There is no legal basis to change that language. In a revocation action concerning a German-language patent, the Paris Central Division rejected a request to switch the language of proceedings to English, and also rejected a subsidiary request to allow written submissions in English and hold the hearing in English, holding that Article 49(6) UPCA permits no derogation and reflects a deliberate legislative choice.
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Criteria for obtaining an order to produce evidence under Rule 190
07 October 2026
This appeal judgment clarifies that Rule 190 orders to produce evidence require three cumulative conditions: specificity, necessity and proportionality, and cannot be used for fishing expeditions. The Court of Appeal confirmed that first instance judges enjoy a broad margin of discretion when assessing such requests, and upheld the order requiring production of two fabric samples for ballistic testing. Both the appeal and the cross-appeal were dismissed.
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Court of Appeal focuses on the technical effect to determine added matter
30 September 2026
The Court of Appeal provided guidance on their approach to assessing added subject matter, highlighting that the technical effect underlying the invention and how the claimed and unclaimed features contribute thereto is central to the analysis.
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