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Unified Patent Court procedure guides

When is the deadline for application for orders consequential on a final validity decision (conditional decision cases)?

Any party uses 2 months to apply for orders consequential on the final validity decision, measured against the actual final validity decision of the central division, Court of Appeal or EPO. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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. Conditional application right.
Trigger
the actual final validity decision of the central division, Court of Appeal or EPO
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4

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 Consequential orders after final validity guide preserves the 2-months source period and its optional step nature. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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 118.4

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When is the deadline for application for orders consequential on a final validity decision (conditional decision cases)?

Any party uses 2 months to apply for orders consequential on the final validity decision, measured against the actual final validity decision of the central division, Court of Appeal or EPO. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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. any party. conditional application right.

the actual final validity decision of the central division, Court of Appeal or EPO

The local or regional division made conditional orders under Rule 118.2(a)

A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule.

This UPC Consequential orders after final validity guide preserves the 2-months source period and its optional step nature. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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 118.4

How does this provision count time?

  1. apply for orders consequential on the final validity decision
  2. the actual final validity decision of the central division, Court of Appeal or EPO
  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 118.4

Which facts prevent one automatic date?

This UPC Consequential orders after final validity guide preserves the 2-months source period and its optional step nature. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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. the actual final validity decision of the central division, Court of Appeal or EPO must be established. The local or regional division made conditional orders under Rule 118.2(a). No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. 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
the actual final validity decision of the central division, Court of Appeal or EPO
Applicable procedural branch
The local or regional division made conditional orders under Rule 118.2(a) A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule.
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 118.4
  • This UPC Consequential orders after final validity guide preserves the 2-months source period and its optional step nature. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
  • Judge-rapporteur must distinguish complete the interim procedure subject to proportionality under Rule 101.3, measured against closure of the written procedure. Its stated period is 3 months and its branch is court case-management obligation subject to proportionality. That event does not replace the actual final validity decision of the central division, Court of Appeal or EPO for apply for orders consequential on the final validity decision. Judge-rapporteur must distinguish give the parties minimum notice of the oral hearing under Rule 108, measured against the actual date fixed for the oral hearing. Its stated period is 2 months and its branch is conditional minimum notice. That event does not replace the actual final validity decision of the central division, Court of Appeal or EPO for apply for orders consequential on the final validity decision. Party requesting simultaneous interpretation must distinguish lodge a Request for simultaneous interpretation under Rule 109.1, measured against the actual oral hearing, including the relevant separate witness or expert hearing. Its stated period is 1 months and its branch is optional interpretation request. That event does not replace the actual final validity decision of the central division, Court of Appeal or EPO for apply for orders consequential on the final validity decision.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for application for orders consequential on a final validity decision (conditional decision cases)?

Who acts on application for orders consequential on a final validity decision (conditional decision cases)?

Any party is the relevant actor. The act is to apply for orders consequential on the final validity decision. This branch is conditional application right.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4

Which event starts the 2 months period?

The relevant event is the actual final validity decision of the central division, Court of Appeal or EPO. 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 118.4

What does Rule 118.4 require here?

The primary provision identifies 2 months and the act to apply for orders consequential on the final validity decision. The local or regional division made conditional orders under Rule 118.2(a).

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4

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 consequential orders after validity branch?

A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4

Which facts must be checked for consequential orders after final validity?

Check the local or regional division made conditional orders under rule 118.2(a). Confirm the actual final validity decision of the central division, Court of Appeal or EPO. Check the actual court location, applicable order and any permitted variation. A preliminary validity ruling or ordinary service date does not replace the final decision identified by this rule.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 118.4Check 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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