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Unified Patent Court procedure guides

When is the deadline for application to rectify clerical mistakes in a decision or order?

Party seeking rectification uses 1 month to apply to rectify clerical mistakes, calculation errors or obvious slips, measured against service of the decision or order. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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
1 months. Optional rectification request.
Trigger
service of the decision or order
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353

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 Rectification decision guide preserves the 1-months source period and its optional step nature. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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 353

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When is the deadline for application to rectify clerical mistakes in a decision or order?

Party seeking rectification uses 1 month to apply to rectify clerical mistakes, calculation errors or obvious slips, measured against service of the decision or order. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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 seeking rectification. optional rectification request.

service of the decision or order

The alleged error is within Rule 353

Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion.

This UPC Rectification decision guide preserves the 1-months source period and its optional step nature. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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 353

How does this provision count time?

  1. apply to rectify clerical mistakes, calculation errors or obvious slips
  2. service of the decision or order
  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 353

Which facts prevent one automatic date?

This UPC Rectification decision guide preserves the 1-months source period and its optional step nature. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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. service of the decision or order must be established. The alleged error is within Rule 353. No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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
service of the decision or order
Applicable procedural branch
The alleged error is within Rule 353 Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion.
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 353
  • This UPC Rectification decision guide preserves the 1-months source period and its optional step nature. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. 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 service of the decision or order for apply to rectify clerical mistakes, calculation errors or obvious slips. 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 service of the decision or order for apply to rectify clerical mistakes, calculation errors or obvious slips. 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 service of the decision or order for apply to rectify clerical mistakes, calculation errors or obvious slips.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for application to rectify clerical mistakes in a decision or order?

Who acts on application to rectify clerical mistakes in a decision or order?

Party seeking rectification is the relevant actor. The act is to apply to rectify clerical mistakes, calculation errors or obvious slips. This branch is optional rectification request.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353

Which event starts the 1 month period?

The relevant event is service of the decision or order. 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 353

What does Rule 353 require here?

The primary provision identifies 1 month and the act to apply to rectify clerical mistakes, calculation errors or obvious slips. The alleged error is within Rule 353.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353

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 rectification decision branch?

Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353

Which facts must be checked for rectification decision?

Check the alleged error is within rule 353. Confirm service of the decision or order. Check the actual court location, applicable order and any permitted variation. Rectification is not an appeal against substantive reasoning. The Court hears parties and may also act on its own motion.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 353Check 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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