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Unified Patent Court procedure guides

When is the deadline for appeal an order for which the court of first instance has granted leave?

Party adversely affected uses 15 days to appeal the order after actual leave, measured against service of the First Instance decision granting leave. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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
15 days. Required if using granted leave.
Trigger
service of the First Instance decision granting leave
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2

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 Appeal with leave guide preserves the 15-days source period and its completion deadline nature. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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 220.2

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When is the deadline for appeal an order for which the court of first instance has granted leave?

Party adversely affected uses 15 days to appeal the order after actual leave, measured against service of the First Instance decision granting leave. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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. party adversely affected. required if using granted leave.

service of the First Instance decision granting leave

The order is outside Rule 220.1 and Rule 97.5 and actual leave was granted

This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route.

This UPC Appeal with leave guide preserves the 15-days source period and its completion deadline nature. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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 220.2

How does this provision count time?

  1. appeal the order after actual leave
  2. service of the First Instance decision granting leave
  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 220.2

Which facts prevent one automatic date?

This UPC Appeal with leave guide preserves the 15-days source period and its completion deadline nature. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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 First Instance decision granting leave must be established. The order is outside Rule 220.1 and Rule 97.5 and actual leave was granted. No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. 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 First Instance decision granting leave
Applicable procedural branch
The order is outside Rule 220.1 and Rule 97.5 and actual leave was granted This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route.
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 220.2
  • This UPC Appeal with leave guide preserves the 15-days source period and its completion deadline nature. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
  • Appellant must distinguish lodge a Statement of appeal under Rule 224.1(a), measured against service of a Rule 220.1(a) or (b) decision. Its stated period is 2 months and its branch is required if appealing. That event does not replace service of the First Instance decision granting leave for appeal the order after actual leave. Appellant must distinguish lodge a Statement of appeal under Rule 224.1(b), measured against service of the qualifying order or decision under Rule 220.1(c), 220.2 or 221.3. Its stated period is 15 days and its branch is required if appealing. That event does not replace service of the First Instance decision granting leave for appeal the order after actual leave. Appellant must distinguish lodge the Statement of grounds of appeal under Rule 224.2(a), measured against service of a Rule 220.1(a) or (b) decision. Its stated period is 4 months and its branch is required if appealing. That event does not replace service of the First Instance decision granting leave for appeal the order after actual leave.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for appeal an order for which the court of first instance has granted leave?

Who acts on appeal an order for which the court of first instance has granted leave?

Party adversely affected is the relevant actor. The act is to appeal the order after actual leave. This branch is required if using granted leave.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2

Which event starts the 15 days period?

The relevant event is service of the First Instance decision granting leave. 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 220.2

What does Rule 220.2 require here?

The primary provision identifies 15 days and the act to appeal the order after actual leave. The order is outside Rule 220.1 and Rule 97.5 and actual leave was granted.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2

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 appeal with leave branch?

This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2

Which facts must be checked for appeal with leave?

Check the order is outside rule 220.1 and rule 97.5 and actual leave was granted. Confirm service of the First Instance decision granting leave. Check the actual court location, applicable order and any permitted variation. This period starts with the leave decision, not the original order. Discretionary review after refused leave is a separate route.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.2Check 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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