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Rules of Procedure of the Unified Patent Court (RoP)

Rule 21

Appeal against decision or order on a Preliminary objection

  1. A decision of the judge-rapporteur allowing the Preliminary objection may be appealed pursuant to Rule 220.1(a). An order of the judge-rapporteur rejecting the Preliminary objection may only be appealed pursuant to Rule 220.2.

  2. If an appeal is lodged, proceedings at first instance may be stayed by the judge-rapporteur or the Court of Appeal on a reasoned request by a party.
  3. Rule 19.6 shall apply mutatis mutandis.

Notes

Status: 15th draft of 31st May 2013