The request for unitary effect is the central formality: it is what transforms a « classic » European patent into a European patent with unitary effect.
The starting point: a granted European patent
The unitary effect can only be requested for a European patent already granted by the EPO under the procedure of the EPC (Article 3(1) of Regulation 1257/2012).
The condition of a single set of claims
The patent must have been granted with the same set of claims for all participating Member States (Article 3(1) of Regulation 1257/2012). The logic is unassailable: a « unitary » title cannot have claims of variable geometry depending on the country.
This situation does arise, however: when a national prior right requires, under Article 139(2) of the EPC, different claims for a given state, uniformity is broken and the unitary effect is denied. Rare but critical: this must be considered before building an entire strategy around the unitary effect.
Who files, and how
The request is made by the proprietor as recorded in the European Patent Register, where applicable through their representative. It is submitted to the EPO, in the language of the grant procedure, using EPO Form 7000 (see How to obtain a Unitary Patent).
Good news for once: the filing of the request is free of charge. The EPO does not collect any official fee at this stage—it will recoup costs through the annual renewal fees.
The one-month deadline
The request must be filed no later than one month after the publication of the mention of grant in the European Patent Bulletin (Rule 6(1) of the Rules relating to Unitary Patent Protection (UPR)). This deadline is not extendable. The only lifeline in case of a missed deadline is the restoration of rights (see Denial of unitary effect and appeals).
Planning ahead: early request and deferral of grant
Since the deadline is short and the choice has significant consequences, the EPO allows the filing of an early request for unitary effect (even before grant) and offers the possibility to defer grant—by requesting a postponement after the notification under Rule 71(3) of the EPC—to align the timeline with the unitary strategy. This helps avoid racing against the critical one-month deadline.
What happens next?
During the transitional period, the request must be accompanied by a translation (see The language regime and translation). If everything is in order, the EPO proceeds with the registration of the unitary effect.