A fundamental procedural defect under Article 81(1) of the Agreement may have occurred, for example, where:
What is UPCRoP 247?
This is Rule 247 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(a)
a judge of the Court took part in the decision in breach of Article 17 of the Agreement or Article 7 of the Statute;
(b)
a person not appointed as a judge of the Court sat on the panel which took the final decision;
(c)
a fundamental violation of Article 76 of the Agreement occurred in the proceedings which have led to the final decision;
(d)
the decision was made without deciding on a request relevant to that decision; or
(e)
a breach of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms has occurred.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 247 (Rule 247)