Unified Patent Court procedure guides
When is the deadline for application for rehearing on the ground of a fundamental procedural defect?
Adversely affected party must assess the 2 months source period for this branch. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. This page remains a source guide with no computed date. This guide supplies no calculated final date.
- Period
- 2 months. Exceptional application right.
- Trigger
- discovery of the defect and service of the final decision, together with the statutory decision date
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a)
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 for a fundamental procedural defect guide. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. This guide supplies no computed date or paid calculation.
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When is the deadline for application for rehearing on the ground of a fundamental procedural defect?
Adversely affected party must assess the 2 months source period for this branch. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. 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.
discovery of the defect and service of the final decision, together with the statutory decision date
The decision is final and the party identifies a fundamental defect
Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment.
UPC Rehearing for a fundamental procedural defect guide. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. This guide supplies no computed date or paid calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a)How does this provision count time?
- assess an exceptional rehearing application for a fundamental procedural defect
- discovery of the defect and service of the final decision, together with the statutory decision date
- 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(a)Which facts prevent one automatic date?
UPC Rehearing for a fundamental procedural defect guide. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. This guide supplies no computed date or paid calculation.
The identified actor has the document or event described by this source provision. discovery of the defect and service of the final decision, together with the statutory decision date must be established. The decision is final and the party identifies a fundamental defect. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. 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
- discovery of the defect and service of the final decision, together with the statutory decision date
- Applicable procedural branch
- The decision is final and the party identifies a fundamental defect Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment.
- 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 for a fundamental procedural defect guide. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. This guide supplies no computed date or paid calculation.
- 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 discovery of the defect and service of the final decision, together with the statutory decision date for assess an exceptional rehearing application for a fundamental procedural defect. 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 discovery of the defect and service of the final decision, together with the statutory decision date for assess an exceptional rehearing application for a fundamental procedural defect. 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 discovery of the defect and service of the final decision, together with the statutory decision date for assess an exceptional rehearing application for a fundamental procedural defect.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for application for rehearing on the ground of a fundamental procedural defect?
Who acts on application for rehearing on the ground of a fundamental procedural defect?
Adversely affected party is the relevant actor. The act is to assess an exceptional rehearing application for a fundamental procedural defect. This branch is exceptional application right.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a)Which event starts the 2 months period?
The relevant event is discovery of the defect and service of the final decision, together with the statutory decision date. 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(a)What does Rule 245.2(a) require here?
The primary provision identifies 2 months and the act to assess an exceptional rehearing application for a fundamental procedural defect. The decision is final and the party identifies a fundamental defect.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a)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 procedural defect branch?
Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment. 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(a)Which facts must be checked for rehearing for a fundamental procedural defect?
Check the decision is final and the party identifies a fundamental defect. Confirm discovery of the defect and service of the final decision, together with the statutory decision date. Check the actual court location, applicable order and any permitted variation. Rule 245 uses the later discovery or service event. Article 81 uses discovery and a decision-date long stop. Their relationship needs case-specific assessment.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a)Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 245.2(a) | Check the identified procedure, event, counting rule or qualification |
| Agreement on a Unified Patent Court, Article 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 |