Romania deposited its instrument of ratification of the Unified Patent Court Agreement on 31 May 2024, becoming the 18th member state to ratify the Agreement. The Agreement will enter into force in Romania on 1 September 2024, such that European Patents that are registered for unitary effect (i.e. to obtain a Unitary Patent (UP)) from this date will also have effect in Romania.
Thus, from 1 September 2024 there will be 18 UP Member States as follows:
Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Portugal, Romania, Slovenia, Sweden.
Unitary Patents registered before 1 September 2024 will not have effect in Romania. Also, existing Unitary Patents will not be extended to cover Romania.
The EPO has issued a Notice dated 5 June 2024 stating that from that date the EPO will accept requests for a delay of the registration of unitary effect to allow Applicants to obtain a UP that has effect in Romania. To achieve this, it is necessary to expressly request the delay together with the request for unitary effect. If the requirements for the registration of the unitary effect are met, the EPO will then delay the registration of unitary effect until on or shortly after 1 September 2024 and communicate the date of this registration accordingly.
The possibility to request a delay of the registration of unitary effect is only available until 1 September 2024.
The UPC has exclusive jurisdiction over Unitary Patents and will also have exclusive jurisdiction over European Patents validated in Romania unless they have been opted out of the UPC.
Please get in touch with your normal advisor or Kate Hickinson if you have any questions
