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Unified Patent Court procedure guides

When is the deadline for application to annul or alter a decision of the office?

Claimant adversely affected by an EPO decision uses 2 months to lodge an Application to annul or alter the EPO decision, measured against service of the EPO decision. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. 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.

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Read why no date is calculated
Period
2 months. Required if challenging.
Trigger
service of the EPO decision
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1

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 Epo decision annulment guide preserves the 2-months source period and its completion deadline nature. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. 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 88.1

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When is the deadline for application to annul or alter a decision of the office?

Claimant adversely affected by an EPO decision uses 2 months to lodge an Application to annul or alter the EPO decision, measured against service of the EPO decision. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. 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. claimant adversely affected by an EPO decision. required if challenging.

service of the EPO decision

The Rule 88 route applies rather than the special unitary-effect rejection route

The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect.

This UPC Epo decision annulment guide preserves the 2-months source period and its completion deadline nature. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. 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 88.1

How does this provision count time?

  1. lodge an Application to annul or alter the EPO decision
  2. service of the EPO decision
  3. 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.
  4. 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 88.1

Which facts prevent one automatic date?

This UPC Epo decision annulment guide preserves the 2-months source period and its completion deadline nature. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

The identified actor has the document or event described by this source provision. service of the EPO decision must be established. The Rule 88 route applies rather than the special unitary-effect rejection route. No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. 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
Applicable procedural branch
The Rule 88 route applies rather than the special unitary-effect rejection route The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect.
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.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1
  • This UPC Epo decision annulment guide preserves the 2-months source period and its completion deadline nature. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
  • 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 for lodge an Application to annul or alter the EPO decision. Patent proprietor must distinguish lodge an Application to reverse refusal of unitary effect under Rule 97.1, measured against service of the EPO decision rejecting the request for unitary effect. Its stated period is 3 weeks and its branch is required if challenging. That event does not replace service of the EPO decision for lodge an Application to annul or alter the EPO decision. 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 for lodge an Application to annul or alter the EPO decision.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for application to annul or alter a decision of the office?

Who acts on application to annul or alter a decision of the office?

Claimant adversely affected by an EPO decision is the relevant actor. The act is to lodge an Application to annul or alter the EPO decision. This branch is required if challenging.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1

Which event starts the 2 months period?

The relevant event is service of the EPO decision. 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 88.1

What does Rule 88.1 require here?

The primary provision identifies 2 months and the act to lodge an Application to annul or alter the EPO decision. The Rule 88 route applies rather than the special unitary-effect rejection route.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1

How 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 301

What changes this epo decision annulment branch?

The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1

Which facts must be checked for epo decision annulment?

Check the rule 88 route applies rather than the special unitary-effect rejection route. Confirm service of the EPO decision. Check the actual court location, applicable order and any permitted variation. The application uses the patent language and actual entitlement. Rule 97 provides three weeks for rejected unitary effect.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 88.1Check the identified procedure, event, counting rule or qualification
UPC Rules of Procedure, Rules 300 and 301Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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