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Unified Patent Court procedure guides

When is the deadline for request review of an ex parte order for provisional measures?

Defendant not previously heard uses 30 days to request review of the provisional-measures order, measured against actual execution of the provisional measures. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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
30 days. Conditional review right.
Trigger
actual execution of the provisional measures
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3

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 Provisional measures review guide preserves the 30-days source period and its optional step nature. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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 212.3

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When is the deadline for request review of an ex parte order for provisional measures?

Defendant not previously heard uses 30 days to request review of the provisional-measures order, measured against actual execution of the provisional measures. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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. defendant not previously heard. conditional review right.

actual execution of the provisional measures

The provisional measures were ordered without hearing the defendant

Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request.

This UPC Provisional measures review guide preserves the 30-days source period and its optional step nature. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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 212.3

How does this provision count time?

  1. request review of the provisional-measures order
  2. actual execution of the provisional measures
  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 212.3

Which facts prevent one automatic date?

This UPC Provisional measures review guide preserves the 30-days source period and its optional step nature. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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. actual execution of the provisional measures must be established. The provisional measures were ordered without hearing the defendant. No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. 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
actual execution of the provisional measures
Applicable procedural branch
The provisional measures were ordered without hearing the defendant Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request.
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 212.3
  • This UPC Provisional measures review guide preserves the 30-days source period and its optional step nature. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
  • Defendant not previously heard must distinguish request review of the evidence-preservation order under Rule 197.3, measured against actual execution of the measures to preserve evidence. Its stated period is 30 days and its branch is conditional review right. That event does not replace actual execution of the provisional measures for request review of the provisional-measures order. Person who lodged the protective letter must distinguish correct its formal deficiencies under Rule 207.6(a), measured against service of the Registry correction notification. Its stated period is 14 days and its branch is required conditional correction. That event does not replace actual execution of the provisional measures for request review of the provisional-measures order. Registry and person who lodged the protective letter must distinguish establish the ordinary removal boundary for the Protective letter under Rule 207.9, measured against date of receipt of the Protective letter by the Registry. Its stated period is 6 months and its branch is conditional removal boundary. That event does not replace actual execution of the provisional measures for request review of the provisional-measures order.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for request review of an ex parte order for provisional measures?

Who acts on request review of an ex parte order for provisional measures?

Defendant not previously heard is the relevant actor. The act is to request review of the provisional-measures order. This branch is conditional review right.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3

Which event starts the 30 days period?

The relevant event is actual execution of the provisional measures. 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 212.3

What does Rule 212.3 require here?

The primary provision identifies 30 days and the act to request review of the provisional-measures order. The provisional measures were ordered without hearing the defendant.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3

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 provisional measures review branch?

Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3

Which facts must be checked for provisional measures review?

Check the provisional measures were ordered without hearing the defendant. Confirm actual execution of the provisional measures. Check the actual court location, applicable order and any permitted variation. Rule 212 imports the evidence review procedure. It does not start a new period merely when the applicant files the request.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 212.3Check the identified procedure, event, counting rule or qualification
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 197.3Check 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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