Unified Patent Court procedure guides
When is the deadline for statement of appeal against the standing judge's decision on unitary effect?
Patent proprietor or EPO President uses 3 weeks to lodge a Statement of appeal against the standing judge's decision, measured against service of the standing judge's Rule 97.4 decision. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 appealing.
- Trigger
- service of the standing judge's Rule 97.4 decision
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5
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 appeal guide preserves the 3-weeks source period and its completion deadline nature. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 97.5What lawyers say
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When is the deadline for statement of appeal against the standing judge's decision on unitary effect?
Patent proprietor or EPO President uses 3 weeks to lodge a Statement of appeal against the standing judge's decision, measured against service of the standing judge's Rule 97.4 decision. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 or EPO President. required if appealing.
service of the standing judge's Rule 97.4 decision
The decision is under the special unitary-effect procedure
The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event.
This UPC Unitary effect appeal guide preserves the 3-weeks source period and its completion deadline nature. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 97.5How does this provision count time?
- lodge a Statement of appeal against the standing judge's decision
- service of the standing judge's Rule 97.4 decision
- 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 97.5Which facts prevent one automatic date?
This UPC Unitary effect appeal guide preserves the 3-weeks source period and its completion deadline nature. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 standing judge's Rule 97.4 decision must be established. The decision is under the special unitary-effect procedure. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 standing judge's Rule 97.4 decision
- Applicable procedural branch
- The decision is under the special unitary-effect procedure The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event.
- 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 appeal guide preserves the 3-weeks source period and its completion deadline nature. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. 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 standing judge's Rule 97.4 decision for lodge a Statement of appeal against the standing judge's decision. 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 standing judge's Rule 97.4 decision for lodge a Statement of appeal against the standing judge's 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 standing judge's Rule 97.4 decision for lodge a Statement of appeal against the standing judge's decision.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for statement of appeal against the standing judge's decision on unitary effect?
Who acts on statement of appeal against the standing judge's decision on unitary effect?
Patent proprietor or EPO President is the relevant actor. The act is to lodge a Statement of appeal against the standing judge's decision. This branch is required if appealing.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5Which event starts the 3 weeks period?
The relevant event is service of the standing judge's Rule 97.4 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 97.5What does Rule 97.5 require here?
The primary provision identifies 3 weeks and the act to lodge a Statement of appeal against the standing judge's decision. The decision is under the special unitary-effect procedure.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5How 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 appeal branch?
The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5Which facts must be checked for unitary effect appeal?
Check the decision is under the special unitary-effect procedure. Confirm service of the standing judge's Rule 97.4 decision. Check the actual court location, applicable order and any permitted variation. The Court's separate three-week decision target starts from receipt of the appeal. That is not the appellant's event.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 97.5 | 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 |