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18th Member State joins Unitary Patent system

02.09.2024

On 1 September 2024, Romania became the 18th EU Member State to join the Unitary Patent system. The EPO reported on 29 August that it had received over 1,000 requests to delay registration in Romania until after it had joined the system. Classic European patents designating Romania which are not opted out of the UPC’s jurisdiction will be subject to dual UPC/national jurisdiction during the transitional period. 24 EU member states have signed the UPC Agreement, with six now remaining to complete the ratification process.

Whilst one country joins the system, there is still a lack of clarity on when Ireland may ratify the UPCA following the postponement of a referendum on the issue. An amendment to article 29 of the Irish Constitution to add the UPC agreement as an international agreement is needed before Ireland can join. It is unlikely that a referendum will take place before the Irish General Election which must be held no later than March 2025.

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