Following the European Union’s 14th package of sanctions against Russia, the European Patent Office (EPO) took preventive measures in July 2024 and suspended proceedings relating to unitary effect applications filed by Russian patent holders subject to these sanctions. This suspension is intended to bring EPO practices into line with the restrictive policies of the European Union.
Following discussions with the European Commission and member states, notably at a meeting of the Select Committee of the Board of Directors, the decision was taken to formalize and accelerate the implementation of these sanctions. An amendment to the implementing regulation on unitary patent protection was adopted. From now on, the EPO is obliged to reject requests for unitary effect in cases where the holder of a European patent is subject to the restrictive measures provided for by the European sanctions.
This development marks an important turning point in the application of sanctions in the field of intellectual property. With the entry into force of the amendment, proceedings suspended as a precautionary measure will gradually resume under the new legal framework. The EPO is thus striving to reconcile its activities with European political decisions.