Unified Patent Court procedure guides
When is the deadline for request a discretionary review by the court of appeal after refusal of leave to appeal an order?
Party refused leave uses 15 days to request a discretionary review by the Court of Appeal, measured against end of the first fifteen-day period from the panel's order. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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
- 15 days. Optional discretionary review.
- Trigger
- end of the first fifteen-day period from the panel's order
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3
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 Discretionary review request guide preserves the 15-days source period and its paired window nature. Both the panel order and the end of the first period must be established. The second period consists of calendar days. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
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When is the deadline for request a discretionary review by the court of appeal after refusal of leave to appeal an order?
Party refused leave uses 15 days to request a discretionary review by the Court of Appeal, measured against end of the first fifteen-day period from the panel's order. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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 refused leave. optional discretionary review.
end of the first fifteen-day period from the panel's order
First Instance did not grant leave within the first fifteen days from the panel's order
Both the panel order and the end of the first period must be established. The second period consists of calendar days.
This UPC Discretionary review request guide preserves the 15-days source period and its paired window nature. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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 220.3How does this provision count time?
- request a discretionary review by the Court of Appeal
- end of the first fifteen-day period from the panel's order
- 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 220.3Which facts prevent one automatic date?
This UPC Discretionary review request guide preserves the 15-days source period and its paired window nature. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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. end of the first fifteen-day period from the panel's order must be established. First Instance did not grant leave within the first fifteen days from the panel's order. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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
- end of the first fifteen-day period from the panel's order
- Applicable procedural branch
- First Instance did not grant leave within the first fifteen days from the panel's order Both the panel order and the end of the first period must be established. The second period consists of calendar days.
- 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 Discretionary review request guide preserves the 15-days source period and its paired window nature. Both the panel order and the end of the first period must be established. The second period consists of calendar days. 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 end of the first fifteen-day period from the panel's order for request a discretionary review by the Court of Appeal. 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 end of the first fifteen-day period from the panel's order for request a discretionary review by the Court of Appeal. 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 end of the first fifteen-day period from the panel's order for request a discretionary review by the Court of Appeal.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for request a discretionary review by the court of appeal after refusal of leave to appeal an order?
Who acts on request a discretionary review by the court of appeal after refusal of leave to appeal an order?
Party refused leave is the relevant actor. The act is to request a discretionary review by the Court of Appeal. This branch is optional discretionary review.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3Which event starts the 15 days period?
The relevant event is end of the first fifteen-day period from the panel's order. 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 220.3What does Rule 220.3 require here?
The primary provision identifies 15 days and the act to request a discretionary review by the Court of Appeal. First Instance did not grant leave within the first fifteen days from the panel's order.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3How 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 discretionary review request branch?
Both the panel order and the end of the first period must be established. The second period consists of calendar days. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3Which facts must be checked for discretionary review request?
Check first instance did not grant leave within the first fifteen days from the panel's order. Confirm end of the first fifteen-day period from the panel's order. Check the actual court location, applicable order and any permitted variation. Both the panel order and the end of the first period must be established. The second period consists of calendar days.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 220.3 | 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 |