A guide to the UPC and the UP - Flipbook - Page 35
2-97
The decision can be appealed to the Court of Appeal. 96
Appeal Against the Decision of the EPO to Reject a Request for Unitary Effect
2-98
In this case, the appeal to reverse the decision of the EPO has to be lodged at the Registry
of the Court in the language in which the patent was granted in the shortened deadline of only
three weeks after service of the decision of the EPO. 97 Again a court fee of currently 1,000 Euro
is to be paid. 98
2-99
If the formal requirements have been fulfilled, 99 and the formal requirements have been
examined, 100 r.97(3) RoP stipulates that r.90 (on recording the appeal in the Register etc.)
RoP shall apply. It is not absolutely clear how this reference is to be understood. R.90(d)
RoP stipulates that the appeal should be forwarded to the EPO with an indication that the
application is admissible. It seems that this is for information purposed only since r.97(3) RoP
only refers to r.90 RoP and not to r.91 RoP which defines the process of interlocutory revision
by the EPO. Instead, r.97(4) RoP discusses the process before the Court and also provides that
the standing judge shall decide the appeal within three weeks from filing the application.
Therefore, it seems that an interlocutory review by the EPO is not foreseen.
2-100 According to r.345(5) RoP, the standing judge is a judge who has been designated for urgent
actions by the presiding judge of the division.
2-101 An appeal can be filed against decisions of the standing judge within three weeks of service
of the decision. 101 This is subject to the payment of an appeal fee of €1,000 102 and the filing
of a statement of appeal containing reasons for setting aside the contested decision.
Again, the case has to be assigned as soon as possible by the Registry to a standing judge,
this time a standing judge of the Court of Appeal. The case has to be decided within three
weeks of receipt by the Registry of the statement of appeal.
2-102 In summary, the appeal proceedings relating to a rejection of a request for unitary effect are
fast-moving.
Common Provisions
2-103 R.20 Unitary Patent Rules contains a cross-reference to provisions in the EPC that will also be
applied in the proceedings relating to the registration of unitary effect.
2-104 In the following section, reference is made to some selected aspects of the common provisions
which are likely to be of particular relevance in this context.
Language Regime
2-105 R.20 Unitary Patent Rules does not include a reference to the language regime of art.14(4) EPC
and r.3(1) EPC Implementing Regulations, allowing the filing of a submission in an admissible
non-EPO language and the filing of a translation a month later. Since reference to these EPO
regulations has not been included, documents relating to the request for registration of unitary
effect must be filed in English, French or German only (such documents can only be filed in the
language of the proceedings). Consequently, by way of example a request for re-establishment
of rights has to be filed in English, French or German.
96
97
98
99
100
101
102
r.220(2) RoP. See chapter 21 (Procedure before the Court of Appeal) paragraph 21-13.
r.97(1) RoP.
r. 97(2) RoP.
i.e. those listed in r.97(2) RoP.
r.89 RoP.
r.97(5) RoP.
r.370 RoP and section IV of the table of fees.
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A Guide to the UPC and the UP 25
