= Rules of Procedure of the Unified Patent Court (RoP) =

== Rule 247 ==

=== Fundamental procedural defects ===

A fundamental procedural defect under Article [[UPCA_081|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 [[UPCA_017|17]] of the Agreement or [[UPCA_007|7]] of the Statute, <<BR>>
 (b) a person not appointed as a judge of the Court of Appeal sat on the panel which took the final decision, <<BR>>
 (c) a fundamental violation of Article [[UPCA_076|76]] of the Agreement occurred in the proceedings which have led to the final decision, <<BR>>
 (d) the Court of Appeal decided the appeal without deciding on a request relevant to that decision or<<BR>> 
 (e) a breach of Article [[UPCA_006|6]] of the Convention for the Protection of Human Rights and Fundamental Freedoms has occurred. 
 

== Notes ==

[Article [[UPCA_112a|112a]](2) EPC and Rule [[UPCA_104|104]] EPC]

'''Status:''' [[UPCA_RoP_15th_Draft|15th draft of 31st May 2013]]