Once the application has been filed and the translation (where applicable) provided, the final step lies with the EPO: it is responsible for examining the application and registering the unitary effect.
Examination by the EPO
The EPO — within a dedicated division for unitary protection — verifies that the conditions set out in Rule 6 of the Rules relating to Unitary Patent Protection (UPR) are met: filing within the one-month deadline, identical set of claims for all participating states, and translation compliant with the transitional regime.
Registration
If everything is in order, the EPO registers the unitary effect in the Register for Unitary Patent Protection (Rule 7 UPR). Otherwise, the application is rejected (see Refusal of the unitary effect and appeals).
Retroactive effect
An important chronological subtlety: the unitary effect is registered on the date of registration, but it is deemed to have taken effect on the date of publication of the mention of grant (Article 4 of Regulation 1257/2012). There is therefore no « gap » between grant and the unitary effect.
The Register for Unitary Patent Protection
This register, maintained by the EPO, is the unitary counterpart to the national patent register. It is publicly accessible via the European Patent Register and records (Rule 16 UPR), in addition to the unitary effect itself:
- The identity of the proprietor and their representative;
- Licenses and assignments, including statements of licensing of right;
- The limitation, revocation, and lapse of the patent.
Since the Unitary Patent is an indivisible object of property, these entries apply to the entire territory covered: it is not possible to record an assignment « for only half of the countries ».