Unified Patent Court procedure guides
When is the deadline for application for rehearing based on an act held to constitute a criminal offence?
Adversely affected party must assess the 2 months source period for this branch. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This page remains a source guide with no computed date. This guide supplies no calculated final date.
- Period
- 2 months. Exceptional application right.
- Trigger
- final national criminal decision and service of the UPC final decision, together with actual discovery
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)
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
UPC Rehearing after a final criminal decision guide. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This guide supplies no computed date or paid calculation.
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When is the deadline for application for rehearing based on an act held to constitute a criminal offence?
Adversely affected party must assess the 2 months source period for this branch. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This page remains a source guide with no computed date. This guide supplies no calculated final date.
Responsible actor. adversely affected party. exceptional application right.
final national criminal decision and service of the UPC final decision, together with actual discovery
A national court has finally held the relevant act criminal and the decisive fact was previously unknown
The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify.
UPC Rehearing after a final criminal decision guide. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This guide supplies no computed date or paid calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)How does this provision count time?
- assess rehearing based on a decisive criminal act
- final national criminal decision and service of the UPC final decision, together with actual discovery
- 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.
- This guide states the primary period but supplies no computed date. Its actual branch, authority decision, paired statutory restriction or legal boundary requires separate qualification.
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.
This guide states the primary period but supplies no computed date. Its actual branch, authority decision, paired statutory restriction or legal boundary requires separate qualification.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)Which facts prevent one automatic date?
UPC Rehearing after a final criminal decision guide. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This guide supplies no computed date or paid calculation.
The identified actor has the document or event described by this source provision. final national criminal decision and service of the UPC final decision, together with actual discovery must be established. A national court has finally held the relevant act criminal and the decisive fact was previously unknown. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. 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. This guide states the primary period but supplies no computed date. Its actual branch, authority decision, paired statutory restriction or legal boundary requires separate qualification. Preserve the stated source period. This guide does not infer a final case date.
Which conditions and exceptions apply?
- Actual operative event
- final national criminal decision and service of the UPC final decision, together with actual discovery
- Applicable procedural branch
- A national court has finally held the relevant act criminal and the decisive fact was previously unknown The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify.
- Host-state calendar and complete act
- This guide states the primary period but supplies no computed date. Its actual branch, authority decision, paired statutory restriction or legal boundary requires separate qualification.
- UPC Rehearing after a final criminal decision guide. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. This guide 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 final national criminal decision and service of the UPC final decision, together with actual discovery for assess rehearing based on a decisive criminal 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 final national criminal decision and service of the UPC final decision, together with actual discovery for assess rehearing based on a decisive criminal act. Party requesting rehearing must distinguish file an exceptional request within both statutory restrictions under Article 81.1, measured against date of the decision and date of discovery of the new fact or defect. Its stated period is 2 months and its branch is exceptional statutory request. That event does not replace final national criminal decision and service of the UPC final decision, together with actual discovery for assess rehearing based on a decisive criminal act.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for application for rehearing based on an act held to constitute a criminal offence?
Who acts on application for rehearing based on an act held to constitute a criminal offence?
Adversely affected party is the relevant actor. The act is to assess rehearing based on a decisive criminal act. This branch is exceptional application right.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)Which event starts the 2 months period?
The relevant event is final national criminal decision and service of the UPC final decision, together with actual discovery. 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 245.2(b)What does Rule 245.2(b) require here?
The primary provision identifies 2 months and the act to assess rehearing based on a decisive criminal act. A national court has finally held the relevant act criminal and the decisive fact was previously unknown.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)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. This guide states the primary period but supplies no computed date. Its actual branch, authority decision, paired statutory restriction or legal boundary requires separate qualification.
UPC Rules of Procedure, Rules 300 and 301What changes this rehearing criminal offence branch?
The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)Which facts must be checked for rehearing after a final criminal decision?
Check a national court has finally held the relevant act criminal and the decisive fact was previously unknown. Confirm final national criminal decision and service of the UPC final decision, together with actual discovery. Check the actual court location, applicable order and any permitted variation. The Rule's later-event branch and Article 81's discovery restriction must both be examined. A suspected offence does not qualify.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(b) | Check the identified procedure, event, counting rule or qualification |
| Agreement on a Unified Patent Court, Article 81.1(a),81.2 | 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 |