I.The requirements  

45In order to be eligible for registration as a Unitary Patent, a European patent must have been granted with the same set of claims in respect of all the 25 participating Member States (Article 3(1) Regulation (EU) No 1257/2012 in conjunction with Recital 7 Regulation (EU) No 1257/2012; Rule 5(2) UPR). This condition must be met irrespective of the number of participating Member States in which the UPCA will have taken effect at the date of registration of unitary effect by the EPO (see point 23 points 24 to 27). It is therefore important not to withdraw the designation of any of the 25 participating Member States because this would rule out obtaining a Unitary Patent. Moreover, a European patent should not contain a different set of claims for any of the participating Member States (see Rule 138 EPC), as this too would also prevent the EPO from registering a Unitary Patent (Rule 5(2) UPR).