Rules of Procedure of the Unified Patent Court (RoP)

Rule 247

Fundamental procedural defects

A fundamental procedural defect under Article 81(1) of the Agreement may have occurred, for example, where

• (a) a judge of the Court of Appeal took part in the decision in breach of Article 17 of the Agreement or 7 of the Statute,
  (b) a person not appointed as a judge of the Court of Appeal sat on the panel which took the final decision,
  (c) a fundamental violation of Article 76 of the Agreement occurred in the proceedings which have led to the final decision,
  (d) the Court of Appeal decided the appeal without deciding on a request relevant to that decision or
  (e) a breach of Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms has occurred.

Notes

[Article 112a(2) EPC and Rule 104 EPC]

Status: 15th draft of 31st May 2013