Casalonga UPC rules of procedure
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Rule 89Examination as to formal requirements (ex parte proceedings)

1. The Registry shall, as soon as practicable after an Application to annul or alter a decision of the Office has been lodged, examine whether the requirements of Articles 47(7) [1] and 49(6) [2] of the Agreement and Rule 88.1, .2(a) to (d) and .3 [3] have been complied with.

2. If the Registry considers that any of the requirements referred to in paragraph 1 has not been complied with, it shall invite the claimant to:
(a) correct the deficiencies noted, with
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[1-
(7) Any natural or legal person, or anybody entitled to bring actions in accordance with its national law and who is affected by a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012 is entitled to bring actions under Article 32(1)(i).

[2-
(6) The language of proceedings at the central division shall be the language in which the patent concerned was granted.

[3-
1. The claimant shall lodge an Application at the Registry, in accordance with Article 7(2) of the Agreement and Annex II thereto, to annul or alter a decision of the Office in the language in which the patent was granted, within two months of service of the decision of the Office.
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;
(b) where the claimant is not the proprietor of or applicant for the European patent with unitary effect, an explanation and evidence that he is adversely affected by the decision of the Office and entitled to start proceedings [Article 47(7) of the Agreement];
(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. The claimant shall pay the fee for the action against a decision of the Office, in accordance with Part 6. Rule 15.2 shall apply Agreement Article 47(7) - Parties.