A guide to the UPC and the UP - Flipbook - Page 441
effect of a patent has been rejected, the statement of appeal may be lodged within
three weeks of service of such decision. 69
Time Periods are Non-extendable
21-41 The time periods for lodging the statement of appeal cannot be extended. 70 When a
statement of appeal is lodged, the Registry will check that it has been lodged in time,
together with checking the other formal requirements. 71 If the appellant has missed
the deadline, the Registry will inform the President of the Court of Appeal who will reject
the appeal as inadmissible, although he may give the appellant an opportunity to be
heard beforehand. 72 The appellant may challenge the decision within one month. 73
21-42 If a would-be appellant fails to lodge a statement of appeal or misses the deadline, it may
still bring an appeal by way of cross-appeal within three months of the service of the other
party’s statement of grounds of appeal. But if that other party withdraws its statement
of appeal, the cross-appeal is deemed withdrawn. 74
21-43 The only other redress that a would-be appellant has is to apply for the re-establishment of
its rights. 75 In order to succeed, an applicant has to show that, despite taking all due care,
and for reasons outside its control, it missed the deadline. The intention of the rules is to
allow an applicant only to re-establish its rights in these extremely limited circumstances.
The message is clear: do not miss the deadlines for filing appeals.
Statement of Grounds of Appeal
21-44 The time periods for lodging the statement of grounds of appeal will again differ
depending on the decision being appealed and are as follows: 76
–
Four months of either service of a final decision of the Court of First Instance, 77
or a decision terminating the proceedings as regards one party; 78 or
–
Within the same time period as lodging the statement of appeal for orders listed in
r.220(1)(c) RoP where no leave to appeal is required, those other procedural orders
where leave is required under r.220(2) RoP and decisions on costs referred to in r.221
RoP. 79
Statement of Response and Cross-appeal, if any
21-45 Any other party to the proceedings before the Court of First Instance may
lodge a statement of response either: 80
69
70
71
72
73
74
75
76
77
78
79
80
r.97(5), first sentence RoP. Further information on such appeals is found in chapter 2 (Patent Applications
and Securing Grant of the Unitary Patent).
r.9(4) RoP.
r.229 RoP.
r.229(5) RoP.
r.234(1) RoP.
rr.237(1) and (5) RoP. See also paragraphs 21-63 to 21-65.
r.320 RoP. The application must be lodged within one month of the removal of the cause of non-observance, but in any
event within six months of the non-observed time limit. The fee of €350 is payable.
r.224(2) RoP.
r.220(1)(a) RoP.
r.220(1)(b) RoP.
See paragraph 21-39.
r.235 RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 431
