As reported here, in late June 2024 the European Union (EU) extended their package of sanctions in view of Russia’s actions in Ukraine.
Subsequently, the European Patent Office (EPO) published a notice on which stayed requests for registration of a Unitary Patent (UP) where a proprietor is Russian. The EPO have now updated their position and have implemented the EU’s 14th package of sanctions against Russia by amending the Implementing Regulations to the European Patent Convention (EPC), As a result of the amendments the following changes have been made:
(i) The EPO have confirmed that requests for registration of a Unitary Patent where a proprietor is Russian will be rejected. See this notice.
(ii) Rules 39(2), 36(5) and 160(3) EPC have been amended such that where an applicant is a Russian national, a natural person residing in Russia or a legal person, entity or body established in Russia the designation of those Contracting States that are Member States of the European Union shall be deemed withdrawn. See notices here, here and here.
As stated in one of the notices: the designation of EU Member States will be deemed withdrawn if a European patent application was filed by a Russian applicant falling under the sanctions. The same process also applies to Euro-PCT applications upon entry into the European phase. The applicants concerned will be informed about the impending loss of rights and will be able to request an appealable decision on the matter. The designation of EPC contracting states which are not member states of the EU remains unaffected by the change.
The changes to the rules take effect from 16 December 2024 and apply to European patent applications filed on or after 25 June 2024, as well as to Euro-PCT applications upon entry into the European phase and divisional European patent applications received on or after that date.
Furthermore, the EPO have stated that the new Rules 39(2), 36(5) and 160(3) EPC will be automatically repealed on the date that Article 5s(3) of Regulation (EU) No 833/2014 ceases to have effect.
