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Update on Unitary Patent request filing statistics

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June 14, 2023
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The first batch of unitary patents was registered this week. According to the European Patent Register, 609 requests for unitary effect have been allowed and published on Monday 12 June 2023. A further grant of unitary effect was published on Tuesday 13 June 2023. Another 42 grants of unitary effect have been published on Wednesday 14 June 2023. A yet further batch of 16 is indicated for publication on Thursday 15 June, 36 on Friday 16 June and 12 on Monday 19 June. This brings the total of granted unitary patents to date to 716.

The unitary effect applies retrospectively from the grant date of the European patent, which is 7 June 2023 in all cases.

A total of 958 requests for unitary effect are recorded as having been filed, so 242 are still pending as of today, Wednesday 14 June 2023.

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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