Rules of Procedure of the Unified Patent Court (RoP)

Rule 245

An Application for rehearing may be lodged by any party adversely affected by a final decision (hereinafter "the final decision") of the Court of First Instance for which the time for lodging an appeal has expired or of the Court of Appeal (hereinafter "the petitioner").
The Application for rehearing shall be lodged at the Court of Appeal within the following periods:
- (a) where the Application for rehearing is based on the ground of a fundamental procedural defect, within two months of the discovery of the fundamental defect or of service of the final decision, whichever is the later;
  (b) where the Application for rehearing is based on an act which has been held, by a final court decision, to constitute a criminal offence, within two months of the date on which the criminal offence has been so held or service of the final decision, whichever is the later;
  (c) but in any event no later than ten years of service of the final decision.

Relation with Agreement: Article 81

[EPLA RoP §175+200+202, Article 112a(4) EPC]

Status: 15th draft of 31st May 2013