Delaying EP grant in the light of the forthcoming introduction of the Unitary Patent

In a notice from the EPO dated 22 December 2021 the EPO announced the decision of the President to give applicants the possibility to request that the issuance of the decision to grant a European patent be delayed so that the mention of the grant is published in the European Patent Bulletin on or immediately after the date of entry into force of the UPCA in order to allow the registration of unitary effect for that European patent.

The decision will enter into force on the date of deposit of Germany’s instrument of ratification of the UPCA pursuant to Article 84 UPCA, which will be between three and four months before the entry into force of the UPCA and will be communicated on the EPO’s website