ARTICLE
23 February 2026

CoA, February 9, 2026, Decision Concerning A Decision Of The EPO To Reject A Request For Unitary Effect

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Bardehle Pagenberg

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BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a "carve-out" for non-designated states is not permissible.
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1. Key takeaways

Unitary effect under Article 3(1) of Regulation 1257/2012

Unitary effect under Article 3(1) of Regulation 1257/2012 requires a patent to be granted for all UPC Member States; a "carve-out" for non-designated states is not permissible.

2. Division

UPC Court of Appeal

3. UPC number

UPC_CoA_8/2026

4. Type of proceedings

Appeal against a decision concerning an Application to annul a decision of the EPO to reject a request for unitary effect

5. Parties

Appellant: PAPST LICENSING GmbH & Co. KG

Respondent: EPO

6. Patent(s)

EP 3 327 608

7. Body of legislation / Rules

Art. 3(1) of Regulation 1257/2012, Art. 267 TFEU

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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