A guide to the UPC and the UP - Flipbook - Page 79
Court of Appeal
5-49
The Court of Appeal sits in a multinational panel of five judges. There are three legally qualified
judges who are nationals of different Contracting Member States and two technically qualified
judges with qualifications and experience in the relevant field of technology, assigned from the
pool of judges by the President of the Court of Appeal. 109 However, for cases relating to the
administrative work of the EPO in relation to the Unitary patent under art.9 Unitary Patent
Regulation, the panel only consists of the three legally qualified judges from different
Contracting Member States. 110
5-50
The “full Court” of Appeal is made up of the President of the Court of Appeal and no less than
five judges (legal and technical) for each of its panels. 111 This means that there are initially
eleven judges in a full Court (the President and five judges for each of the two panels). With the
addition of another panel, the number will increase by five etc., a feature mirroring the Enlarged
Board of Appeal at the EPO. Decisions of the full Court are made by no less than a threequarters majority. 112
109
110
111
112
art.9(1) UPCA.
art.9(2) UPCA.
r.238A RoP.
r.238A(3) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 69
