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Romania has deposited its instrument of ratification on May 31, 2024 and will accede to the UPC agreement on September 1^st, 2024. Thus, starting from that date, the UPC agreement will have 18 members in Europe.

From the same time ongoing, registrations for a Unitary Patent will also cover Romania (second generation Unitary Patent). Please note that the previously registered Unitary Patents (first generation Unitary Patents) will not extend to Romania. The date of registration of the Unitary Patent will determine the extent of protection.

Therefore, the EPO accepts request for a delay of the registration of unitary effect from now on (Notice from the EPO dated June 5, 2024). The request for delay has to be filed together with the request for unitary effect. If the requirements for the registration of the unitary effect as provided for in the Rules are met, the EPO will postpone the registration of unitary effect on or shortly after September 1^st, 2024.

This article is for information purposes only and does not constitute a legal advice.