An Application for rehearing based on the ground of a fundamental procedural defect is only admissible where an objection in respect of the procedural defect was raised during the proceedings before the Court of First Instance or the Court of Appeal and dismissed by the Court, except where such objection could not have been raised during the proceedings before the Court of First Instance or the Court of Appeal.
What is UPCRoP 248?
This is Rule 248 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
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An application for rehearing based upon the ground of a fundamental procedural defect is not admissible where the party could have brought an appeal in respect of the defect but failed to do so.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 248 (Rule 248)