Casalonga UPC rules of procedure
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Rule 97Application to annul a decision of the Office to reject a request for unitary effect

1. The proprietor of a patent whose request for unitary effect has been rejected by the Office shall lodge an Application at the Registry in accordance with Article 7(2) of the Agreement [1] and Annex II thereto, to reverse the decision of the Office, in the language in which the patent was granted, within three weeks of service of the decision of the European Patent Office.

2. The Application shall contain particulars in accordance with Rule 88.2(a), (c), (d) [2] and (g) to (j) [3] and the proprietor shall pay the fee for the action against the decision of the Office in accordance with Part 6. Rule 15.2 [4] and Rule 89 shall apply Agreement Article 7(2) - The Court of First Instance.

3. If the requirements referred to in paragraph 2 have been complied with, Rule 90 [5] shall apply Rule 88.2 (a), (c) and (d )– Application to annul or alter a decision of the Office

4. The Registry shall as soon as practicable forwa
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[1-
(2) The central division shall have its seat in Paris, with sections in London and Munich. The cases before the central division shall be distributed in accordance with Annex II, which shall form an integral part of this Agreement.

[2-
2. The Application to annul or alter a decision of the Office shall contain:
(a) the names of the claimant and, where applicable, of the claimant’s representative;
(c) postal and electronic addresses for service on the claimant and the names and addresses of the persons authorized to accept service;
(d) a reference to the contested decision of the Office;

[3-
(g) the order or the remedy sought by the claimant;
(h) one or more grounds for annulling or altering the contested decision, in accordance with Rule 87;
(i) the facts, evidence and arguments relied on; and
(j) a list of the documents, including any witness statements, referred to in the Application together with any request that all or part of any such document need not be translated and/or any request pursuant to Rule 262.1 or Rule 262A. Rule 13.2 and 3 shall apply -

[4-
2. The Statement of claim shall not be deemed to have been lodged until the fixed fee and, where applicable, the value based fee for the infringement action has been paid, unless otherwise provided.

[5-
If the requirements referred to in Rule 89.1 have been complied with, the Registry shall as soon as practicable:
(a) record the date of receipt of the Application to annul or alter a decision of the Office and attribute an action number to the file;
(b) record the file in the register;
(c) inform the claimant of the action number of the file and the date of receipt; and
(d) forward the Application to the European Patent Office, with an indication that the Application is admissible.