Romania ratifies the Unified Patent Court Agreement becoming the 18th member state of the Unitary Patent system

From 1 September 2024, all European patents granted with unitary effect will automatically extend to Romania, covering an additional market of approximately 19 million people 25 June 2024

On 31 May 2024, Romania took a significant step forward in the European intellectual property landscape by depositing its instrument of ratification for the Agreement on a Unified Patent Court (UPCA). With this ratification, Romania will formally accede to the UPCA on 1 September 2024. This marks Romania as the 18th Member State to join the UPCA, reinforcing the unity and strength of the Unitary Patent system.

A Milestone in Patent Protection

The inclusion of Romania into the UPCA is more than a formal addition; it represents a critical expansion of the geographical scope and efficacy of the Unitary Patent system. From 1 September 2024, all European patents granted with unitary effect will automatically extend to Romania, covering an additional market of approximately 19 million people. This expansion is set to benefit both local and international businesses, providing a more extensive and cohesive patent protection framework across Europe.

Key Benefits of Romania Joining the UPCA

1. Enhanced Geographic Coverage

With Romania joining, the UPC now spans 18 EU Member States, significantly enhancing the attractiveness of the Unitary Patent system. This broader coverage allows patent holders to enjoy unified protection and enforcement in a larger market, reducing the need for multiple national filings and associated costs.

2. Cost Efficiency and Streamlined Procedures

The Unitary Patent system may offer significant cost savings and administrative efficiencies. By centralizing patent applications and maintenance at the European Patent Office (EPO), inventors and companies can avoid the complexities and expenses of navigating multiple national patent offices. This centralized approach may simplify the process, making it especially beneficial for small and medium-sized enterprises (SMEs).

3. Legal Certainty and Uniform Protection

The UPC aims to provide a unified legal framework, ensuring consistent interpretation and enforcement of patent rights across the participating Member States. This harmonization enhances legal certainty for patent holders, making the enforcement of their rights more predictable and reliable.

4. Stronger Enforcement Mechanisms

Patent holders can enforce their rights through a single court decision applicable in all UPC countries. This centralized enforcement mechanism strengthens the overall patent protection, deterring infringement and ensuring robust protection for innovators.

Strategic Considerations for Patent Holders

As Romania's accession date approaches, patent holders should consider the following strategies to optimize their patent portfolios and enforcement plans:

1. Requests for Delay of Registration

The EPO allows patentees to request a delay in the registration of unitary effect until 1 September 2024. This ensures that newly granted patents can benefit from protection in Romania. Patentees must file the UP request within the normal 1-month deadline after the grant date of the European patent, including a request for delayed registration with the UP request.

2. Reviewing Patent Portfolios

Patent holders should review their portfolios to determine which patents would benefit from unitary protection covering Romania. This strategic review can help in maximizing the benefits of the expanded UPC coverage.

3. Opt-Out Decisions

Patentees have the option to opt-out their European patent applications from the UPC jurisdiction. With Romania accessing the UPC system as of 1 September 2024, evaluating whether to opt-out based on strategic considerations like patent enforcement and litigation risks is crucial.


Romania's ratification of the UPCA is a landmark event that strengthens the Unitary Patent system, offering broader protection and enhanced legal certainty for patent holders. As this development unfolds, it is important for businesses and inventors to adapt their strategies to fully leverage the advantages of the unified system. The expanded UPC coverage not only simplifies the patent process but also provides a robust framework for innovation and economic growth across Europe, now covering also Romania.


EU IP Codes 2.0 is the brand new version of the first application to consult all the European and Italian Regulations on Industrial Property in one app.


Global IP titles management & business services

Digital brand management & internet services


Follow us


Camera di Commercio Italo - Brasiliana | Câmara de Comércio Ítalo - Brasileira

Unitary Patent
Download our free guide!