Unified Patent Court procedure guides
When is the deadline for statutory rehearing periods?
Party requesting rehearing must assess the 2 months source period for this branch. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. This page remains a source guide with no computed date. This guide supplies no calculated final date.
- Period
- Within 10 years of the decision and not later than two months from discovery of the new fact or procedural defect under Article 81(2).
- Trigger
- date of the decision and date of discovery of the new fact or defect
- Rule
- Agreement on a Unified Patent Court, Article 81.1
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 upca guide. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. This guide supplies no computed date or paid calculation.
Agreement on a Unified Patent Court, Article 81.1What lawyers say
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When is the deadline for statutory rehearing periods?
Party requesting rehearing must assess the 2 months source period for this branch. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. This page remains a source guide with no computed date. This guide supplies no calculated final date.
Responsible actor. party requesting rehearing. exceptional statutory request.
date of the decision and date of discovery of the new fact or defect
The criminal decisive-fact or fundamental-defect ground is established
Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment.
UPC Rehearing upca guide. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. This guide supplies no computed date or paid calculation.
Agreement on a Unified Patent Court, Article 81.1How does this provision count time?
- file an exceptional request within both statutory restrictions
- date of the decision and date of discovery of the new fact or defect
- 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.
Agreement on a Unified Patent Court, Article 81.1Which facts prevent one automatic date?
UPC Rehearing upca guide. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. This guide supplies no computed date or paid calculation.
The identified actor has the document or event described by this source provision. date of the decision and date of discovery of the new fact or defect must be established. The criminal decisive-fact or fundamental-defect ground is established. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate 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
- date of the decision and date of discovery of the new fact or defect
- Applicable procedural branch
- The criminal decisive-fact or fundamental-defect ground is established Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate 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 upca guide. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. 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 date of the decision and date of discovery of the new fact or defect for file an exceptional request within both statutory restrictions. 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 date of the decision and date of discovery of the new fact or defect for file an exceptional request within both statutory restrictions. 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 date of the decision and date of discovery of the new fact or defect for file an exceptional request within both statutory restrictions.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for statutory rehearing periods?
Who acts on statutory rehearing periods?
Party requesting rehearing is the relevant actor. The act is to file an exceptional request within both statutory restrictions. This branch is exceptional statutory request.
Agreement on a Unified Patent Court, Article 81.1Which event starts the 2 months period?
The relevant event is date of the decision and date of discovery of the new fact or defect. The actual event must be established. A catalogue label or estimated event is insufficient.
Agreement on a Unified Patent Court, Article 81.1What does Article 81.1 require here?
The primary provision identifies 2 months and the act to file an exceptional request within both statutory restrictions. The criminal decisive-fact or fundamental-defect ground is established.
Agreement on a Unified Patent Court, Article 81.1How 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 upca branch?
Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment. An actual order, party agreement or different procedural track requires a separate check.
Agreement on a Unified Patent Court, Article 81.1Which facts must be checked for rehearing upca?
Check the criminal decisive-fact or fundamental-defect ground is established. Confirm date of the decision and date of discovery of the new fact or defect. Check the actual court location, applicable order and any permitted variation. Both ten years from the decision and two months from discovery restrict the request. The later-event Rule 245 procedure needs separate assessment.
Agreement on a Unified Patent Court, Article 81.1Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Agreement on a Unified Patent Court, Article 81.1 | 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 |