The Unified Patent Court (UPC) Agreement entered into force in Romania on 1 September 2024, following the deposit of the instrument of ratification on 31 May 2024.

Romania is the 18th EU member state to ratify the Agreement, and the first new contracting UPC member state since the UPC opened its doors on 1 June 2023.

Unitary patents registered on or after 1 September 2024 will also cover Romania, while those registered before this date will not be in effect in the country.

The UPC has exclusive jurisdiction over unitary patents and will also have exclusive jurisdiction over “classic” European patents designating Romania, unless patent owners have previously opted out of the UPC jurisdiction. European patents whose owners have not opted out will be subject to dual UPC and national jurisdiction during the seven-year transitional period, which started on 1 June 2023 when the UPCA entered into force, and which may be extended by additional seven years.

There are 24 EU member states which have signed the UPC Agreement, out of which 18 have ratified it. The six EU member states which have not yet completed the ratification process are Czech Republic, Ireland, Greece, Cyprus, Hungary and Slovakia.

Prepared by: Monica Viciu

For more infromation, please contact Monica Viciu at our Romania office.

Sources: UPC website, European Council website