Casalonga UPC rules of procedure
Powered by Casalonga

Rule 85Stages of the proceedings (ex parte proceedings)

1. Subject to paragraph 2, where an action is brought against a decision of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012 (hereinafter "decision of the Office"), proceedings before the Court of First Instance shall consist of:

(a) a written procedure, which shall include a possibility for interlocutory review by the European Patent Office;

(b) an interim procedure, which may include an interim conference; and

(c) an oral procedure which, at the request of the claimant or at the instance of the Court, may include an oral hearing.

2. This Rule and Rules 88 [[-
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 th
...
Please login to continue reading.


Registering with the site

You have requested to take part in a forum reserved for registered visitors.

Personal identifiers

Enter your personal information here. You will receive a registration confirmation shortly by email. Such email may have been considered as spam. If you do not find it in your inbox nor in your spam, please send an email to contact@upc-casalonga.eu.

(Your password must contain at least 6 characters.)

Required fields are indicated with a « * »


New visitor ?

Subscribe