Rules of Procedure of the Unified Patent Court (RoP)

Rule 222

Subject-matter of the proceedings before the Court of Appeal

1. Requests, facts, evidence and arguments submitted by the parties under Rules 225, 226, 236 and 238 shall, subject to paragraph 2, constitute the subject-matter of the proceedings before the Court of Appeal. The Court of Appeal shall consult the file of the proceedings before the Court of First Instance

2. Requests, facts and evidence which have not been submitted by a party during proceedings before the Court of First Instance may be disregarded by the Court of Appeal. When exercising discretion, the Court shall in particular take into account

   • (a) whether a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance,
     (b) whether the new submissions are highly relevant for the decision on the appeal,
     (c) the position of the other party regarding the lodging of the new submissions.

Notes

Relation with Agreement: Article 73(4)

[Article 114(2) EPC]

Status: 15th draft of 31st May 2013