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What is UPCRoP 245?

This is Rule 245 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.

UPCRoP Rule 245

Legal Text

Lodging of an Application for rehearing

1.

An Application for rehearing may be lodged by any party adversely affected by a final decision (hereinafter "the final decision") of the Court of First Instance for which the time for lodging an appeal has expired or of the Court of Appeal (hereinafter "the petitioner").

2.

The Application for rehearing shall be lodged at the Court of Appeal within the following periods:

(a)

where the Application for rehearing is based on the ground of a fundamental procedural defect, within two months of the discovery of the fundamental defect or of service of the final decision, whichever is the later;

(b)

where the Application for rehearing is based on an act which has been held, by a final court decision, to constitute a criminal offence, within two months of the date on which the criminal offence has been so held or service of the final decision, whichever is the later;

(c)

but in any event no later than ten years of service of the final decision.

Relation with Agreement: Article 81

Applied In

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Official Source

This legal text is from the official UPCRoP framework governing the Unified Patent Court.

Reference: UPCRoP 245 (Rule 245)

Unified Patent Court Official Website