Missed by four days: UPC decision underscores strict formalities and rigid deadlines for unitary patents

On 6 August 2025, the Central Division (Milan section) of the Court of First Instance (CFI) of the Unified Patent Court handed down a decision (UPC_CFI_628/2025)  upholding the EPO’s refusal of an application for unitary effect of EP3691518. This decision (which was delivered in French) is an important reminder for proprietors of European patents of the strict formal requirements and tight deadlines that apply under the Unitary Patent system.

Background

The request for unitary effect of EP3691518 was filed on time, but it contained incorrect information relating to the identity of the proprietors. The patent had been transferred from one of the proprietors to an entity with a slightly different name and a new address, but the outdated details were inadvertently used in the request for unitary effect.

The EPO highlighted the discrepancy and set a one-month time period for correcting the request.  The proprietors subsequently supplied the correct details, but four days too late. The EPO therefore refused the request for unitary effect.

Appeal before the UPC

The proprietors appealed the EPO’s decision to the UPC arguing that the information on the request for unitary effect was sufficient to identify the proprietors and the deadline for correcting the errors was only missed by a negligible amount.

In rejecting the appeal, the court held that the rules relating to Unitary Patent Protection (UPR) require the proprietors to be designated with accurate information, in order to guarantee the rights of third parties and provide legal certainty. The court also confirmed that there is no provision in the UPR that would allow the EPO to extend the time limit for correcting any errors that may occur in this regard.

Outcomes

This decision underscores the importance of ensuring that the request for unitary effect contains complete and accurate information. Even seemingly small discrepancies could lead to the request being refused.  Proprietors should be organised and expect that deadlines set for correcting deficiencies in the request will be strictly enforced by the EPO and must be addressed in a timely way.

If a request for unitary effect is refused by the EPO, it may still be possible to validate the European patent individually in the desired countries, provided the deadline has not yet expired, but this is likely to increase costs if more than a few countries are required.

If you would like advice about any aspect of UPC law and practice, please contact your usual GJE attorney or email us at gje@gje.com