Unified Patent Court procedure guides
When is the deadline for application for re-establishment of rights after missing a time limit?
Party who lost a right despite due care uses 1 month to lodge the application, pay its fee and complete the omitted act, measured against actual removal of the cause of non-observance and the actual missed time limit. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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
- Within one month of removal of the cause and in any event six months from the missed time limit. The application, fee and omitted act share these restrictions.
- Trigger
- actual removal of the cause of non-observance and the actual missed time limit
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2
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 Reestablishment of rights guide preserves the 1-months source period and its earlier of window nature. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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 320.2What lawyers say
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When is the deadline for application for re-establishment of rights after missing a time limit?
Party who lost a right despite due care uses 1 month to lodge the application, pay its fee and complete the omitted act, measured against actual removal of the cause of non-observance and the actual missed time limit. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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 who lost a right despite due care. conditional restoration request.
actual removal of the cause of non-observance and the actual missed time limit
Cause was outside control despite all due care and non-observance directly lost a right or means of redress
The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established.
This UPC Reestablishment of rights guide preserves the 1-months source period and its earlier of window nature. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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 320.2How does this provision count time?
- lodge the application, pay its fee and complete the omitted act
- actual removal of the cause of non-observance and the actual missed time limit
- 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 320.2Which facts prevent one automatic date?
This UPC Reestablishment of rights guide preserves the 1-months source period and its earlier of window nature. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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. actual removal of the cause of non-observance and the actual missed time limit must be established. Cause was outside control despite all due care and non-observance directly lost a right or means of redress. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. 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 removal of the cause of non-observance and the actual missed time limit
- Applicable procedural branch
- Cause was outside control despite all due care and non-observance directly lost a right or means of redress The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established.
- 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 Reestablishment of rights guide preserves the 1-months source period and its earlier of window nature. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Adversely affected party must distinguish assess an exceptional rehearing application for a fundamental procedural defect under Rule 245.2(a), measured against discovery of the defect and service of the final decision, together with the statutory decision date. Its stated period is 2 months and its branch is exceptional application right. That event does not replace actual removal of the cause of non-observance and the actual missed time limit for lodge the application, pay its fee and complete the omitted act. Adversely affected party must distinguish assess rehearing based on a decisive criminal act under Rule 245.2(b), measured against final national criminal decision and service of the UPC final decision, together with actual discovery. Its stated period is 2 months and its branch is exceptional application right. That event does not replace actual removal of the cause of non-observance and the actual missed time limit for lodge the application, pay its fee and complete the omitted act. Adversely affected party must distinguish assess the absolute rehearing restriction under Rule 245.2(c), measured against service of the UPC final decision and the statutory decision date. Its stated period is 10 years and its branch is outer restriction. That event does not replace actual removal of the cause of non-observance and the actual missed time limit for lodge the application, pay its fee and complete the omitted act.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for application for re-establishment of rights after missing a time limit?
Who acts on application for re-establishment of rights after missing a time limit?
Party who lost a right despite due care is the relevant actor. The act is to lodge the application, pay its fee and complete the omitted act. This branch is conditional restoration request.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2Which event starts the 1 month period?
The relevant event is actual removal of the cause of non-observance and the actual missed time limit. 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 320.2What does Rule 320.2 require here?
The primary provision identifies 1 month and the act to lodge the application, pay its fee and complete the omitted act. Cause was outside control despite all due care and non-observance directly lost a right or means of redress.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2How 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 reestablishment of rights branch?
The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2Which facts must be checked for reestablishment of rights?
Check cause was outside control despite all due care and non-observance directly lost a right or means of redress. Confirm actual removal of the cause of non-observance and the actual missed time limit. Check the actual court location, applicable order and any permitted variation. The application and omitted act must fit one month from removal and six months from the missed limit. These own limits cannot be re-established.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.2 | Check the identified procedure, event, counting rule or qualification |
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 320.4 | 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 |