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Rules of Procedure of the Unified Patent Court (RoP)

Rule 220

Appealable decisions

  1. An appeal by a party adversely affected may be brought against
    • (a) final decisions of the Court of First Instance,
      (b) decisions terminating proceedings as regards one of the parties,
      (c) decisions or orders referred to in Articles 47(5), 57, 60, 61, 62 or 67 of the Agreement.

  2. Procedural decisions or orders may be appealed with leave of the Court
  3. The Court of Appeal may hear appeals against separate decisions on the merits in infringement proceedings and in validity proceedings together.

Notes

Relation with Agreement: Article 73

[Examples of final decisions of the Court of First Instance: Rule 118 (decision on the merits), Rule 140 (decision on the award of damages), Rule 157(decision on costs)]

Note to Rule 220.2: Some members of the Drafting Committee believe there is a lack of clarity in Article 73(2)(b)(ii) as to the proper meaning of “Court”. The Committee have therefor simply reproduced the wording of the Article in Rule 220.2.

Status: 15th draft of 31st May 2013