Romania joins the UPC system
Posted:
On 1 September 2024 the Agreement on a Unified Patent Court (UPCA) will enter into force in Romania.
The UPCA first entered into force in 17 EU member states on 1 June 2023. Romania has become the first new EU member state to ratify the UPCA since then.
What are the consequences of Romania joining the UPC?
Any Unitary Patents registered on or after 1 September 2024 will provide protection in Romania.
Any Unitary Patents already registered or registered prior to 1 September 2024 will not cover Romania. Romania’s ratification does not have retrospective effect on the territorial scope of Unitary Patents.
In order to allow applicants to benefit from Romania’s ratification of the UPCA and obtain Unitary Patents extending to Romania, the EPO has announced that it will accept requests for a delay in the registration of unitary effect. The request for a delay must be filed together with the request for unitary effect, i.e., after grant of a European Patent.
Additionally, from 1 September 2024, national validations in Romania will also be subject to the UPC’s jurisdiction unless the relevant European Patent is, or has previously been, opted out of the UPC.
