Romania Officially Joins the Unitary Patent System, Expanding the Scope of European Patent Protection

With Romania officially depositing its instrument of ratification of the Agreement on a Unified Patent Court (UPCA) on May 31, 2024, this significant move marks Romania as the 18th EU member state to ratify the agreement. This is not just a landmark event, but also means that the scope of European patent protection will be further expanded, bringing more opportunities for patent holders. According to the latest announcements from the European Patent Office (EPO) and the Unified Patent Court (UPC), the UPCA will formally enter into force in Romania on September 1, 2024. By then, all unitary effect European patents registered on or after September 1, 2024, will automatically have their protected geographical scope extended to Romania.

This change means that the number of countries covered by the European unitary patent will increase to 18, including Romania, Austria, Belgium, Bulgaria, Germany, Estonia, etc., forming a more extensive patent protection network.

To enable more users to fully leverage the advantages brought by this change, the EPO has specially issued a notice allowing European patent holders to request the delay of unitary effect registration until September 1, 2024, or later, provided that certain conditions are met. This ensures that even if your patent was granted before the entry into force of the UPCA in Romania, it can still enjoy patent protection in Romania.

If you wish to delay the registration, you can clearly express your intention in the following ways when submitting the request for unitary effect registration:

- Clearly and explicitly state in the remarks section of EPO Form 7000 that you wish to delay the registration of unitary effect for the case.

- Attach a statement requesting the delay when submitting the unitary effect registration request.

Please note that in addition to the request for delayed registration, you still need to meet other general conditions specified in the Implementing Rules for Unitary Patent Protection, such as submitting a full translation of the patent text. Moreover, the unitary effect registration request containing the delay request should be submitted to the EPO within one month from the date of publication of the grant of the European patent.

This new measure provides more flexibility and options for European patent holders, making it easier for them to protect their innovative achievements globally. With Romania's accession, we look forward to the European patent system continuing to make greater contributions to global innovation and development.