Unified Patent Court procedure guides
When is the deadline for application to annul a decision of the office rejecting a request for unitary effect?
Patent proprietor uses 3 weeks to lodge an Application to reverse refusal of unitary effect, measured against service of the EPO decision rejecting the request for unitary effect. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The ordinary source period remains a conditional fixed boundary, not a variable period merely because this page withholds a calculation. This guide supplies no calculated final date.
- Period
- 3 weeks. Required if challenging.
- Trigger
- service of the EPO decision rejecting the request for unitary effect
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1
Current UPC maintained legal index and amended Rules effective January 1, 2026, with February 2026 corrigendum retained. Agreement provisions are cross-checked against official original and maintained EPO representations. No complete worldwide amendment search or actual application acceptance is claimed.
Source guide · No automated date
Check the applicable procedure
This UPC Unitary effect application guide preserves the 3-weeks source period and its completion deadline nature. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1What lawyers say
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When is the deadline for application to annul a decision of the office rejecting a request for unitary effect?
Patent proprietor uses 3 weeks to lodge an Application to reverse refusal of unitary effect, measured against service of the EPO decision rejecting the request for unitary effect. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The ordinary source period remains a conditional fixed boundary, not a variable period merely because this page withholds a calculation. This guide supplies no calculated final date.
Responsible actor. patent proprietor. required if challenging.
service of the EPO decision rejecting the request for unitary effect
The decision specifically rejects the request for unitary effect
The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable.
This UPC Unitary effect application guide preserves the 3-weeks source period and its completion deadline nature. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1How does this provision count time?
- lodge an Application to reverse refusal of unitary effect
- service of the EPO decision rejecting the request for unitary effect
- For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period.
- Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period.
Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1Which facts prevent one automatic date?
This UPC Unitary effect application guide preserves the 3-weeks source period and its completion deadline nature. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
The identified actor has the document or event described by this source provision. service of the EPO decision rejecting the request for unitary effect must be established. The decision specifically rejects the request for unitary effect. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. Check that branch separately. Do not reuse another procedure's event or period.
A nominal period falls on a closed day or depends on another actual event. Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch. Preserve the stated source period. This guide does not infer a final case date.
Which conditions and exceptions apply?
- Actual operative event
- service of the EPO decision rejecting the request for unitary effect
- Applicable procedural branch
- The decision specifically rejects the request for unitary effect The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable.
- Host-state calendar and complete act
- Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
- This UPC Unitary effect application guide preserves the 3-weeks source period and its completion deadline nature. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Claimant adversely affected by an epo decision must distinguish lodge an Application to annul or alter the EPO decision under Rule 88.1, measured against service of the EPO decision. Its stated period is 2 months and its branch is required if challenging. That event does not replace service of the EPO decision rejecting the request for unitary effect for lodge an Application to reverse refusal of unitary effect. European patent office must distinguish rectify the contested decision and inform the Court under Rule 91.1, measured against date the EPO receives the Application. Its stated period is 2 months and its branch is conditional EPO revision duty. That event does not replace service of the EPO decision rejecting the request for unitary effect for lodge an Application to reverse refusal of unitary effect. Patent proprietor or epo president must distinguish lodge a Statement of appeal against the standing judge's decision under Rule 97.5, measured against service of the standing judge's Rule 97.4 decision. Its stated period is 3 weeks and its branch is required if appealing. That event does not replace service of the EPO decision rejecting the request for unitary effect for lodge an Application to reverse refusal of unitary effect.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for application to annul a decision of the office rejecting a request for unitary effect?
Who acts on application to annul a decision of the office rejecting a request for unitary effect?
Patent proprietor is the relevant actor. The act is to lodge an Application to reverse refusal of unitary effect. This branch is required if challenging.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1Which event starts the 3 weeks period?
The relevant event is service of the EPO decision rejecting the request for unitary effect. The actual event must be established. A catalogue label or estimated event is insufficient.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1What does Rule 97.1 require here?
The primary provision identifies 3 weeks and the act to lodge an Application to reverse refusal of unitary effect. The decision specifically rejects the request for unitary effect.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1How do weekends and holidays affect this UPC branch?
For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period. Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
UPC Rules of Procedure, Rules 300 and 301What changes this unitary effect application branch?
The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1Which facts must be checked for unitary effect application?
Check the decision specifically rejects the request for unitary effect. Confirm service of the EPO decision rejecting the request for unitary effect. Check the actual court location, applicable order and any permitted variation. The ordinary two-month EPO decision route is different. Patent language and fee requirements remain applicable.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.1 | Check the identified procedure, event, counting rule or qualification |
| UPC Rules of Procedure, Rules 300 and 301 | Check the identified procedure, event, counting rule or qualification |