2026-03-23 - CoA - Anonymisiert (vertr. Rüdiger HARNASCH) et al. - UPC_CoA_313/2024

The Registrar declined to rectify his rejection of an application for entry on the UPC list of representatives and forwarded the petition for review to the President of the Court of Appeal. The petition was inadmissible: the applicant had raised the matter within time through the Court's IT service-desk ticketing system, but that is not an official petition for review, and the filing through the prescribed CMS workflow came one day after the one-month deadline. In the alternative the Registrar held it unfounded. Article 48(2) UPCA requires a European Patent Attorney entitled to act before the European Patent Office under Article 134 EPC together with appropriate qualifications such as the European Patent Litigation Certificate; a German patent attorney qualification is not equivalent, and although the applicant held a certificate satisfying EPLC Rule 12.1(a)(ii) he was not on the EPO list of professional representatives. The decision is an administrative one and does not dispose of the petition, which the President of the Court of Appeal decides. The registry publishes this decision, ORD_40429/2024 of 9 July 2024, under two entries: this one, which carries the document, and a signed copy under node 900002684 whose file the registry withholds.