Rules of Procedure of the Unified Patent Court (RoP)
Rule 320
Re-establishment of rights
- Where a party has failed to observe a time-limit for an appeal under these Rules or set by the Court for a cause which, despite all due care having been taken by the party, was outside his control and the non-observance of this time limit has had the direct consequence of causing the party to lose a right or means of redress, the relevant panel of the Court may upon the request of that party re-establish the right or means of redress.
- The *Application for Re-establishment of rights shall be lodged with the Registrar for the relevant panel within one month of the removal of the cause for non-observance of the time-limit but in any event within three months of the non-observed time-limit. Within that time-limit a fee for a Request for Re-establishment of rights fixed under Rule 370 shall be paid.
- The Application shall
(a) state the grounds on which it is based and shall set out the facts on which it relies,
(b) contain the evidence relied on in the form of affidavits from all persons involved in the non-observance of the time-limit and the persons involved in establishing the precautionary measures of due care taken in order to avoid such cases of non-compliance.
- The omitted act shall be performed or completed together with Application for Re-establishment within the time-limit mentioned in paragraph 2.
- There shall be no grant of Re-establishment of rights in respect of the non-observance of the time limit mentioned in paragraphs 2 and 4 of this Rule.
- The panel shall decide on the Application for Re-establishment of rights by way of order. The other parties shall be given an opportunity to be heard beforehand.
- There shall be no right to appeal from an order rejecting an Application for Re-establishment of rights.
Notes
Status: 15th draft of 31st May 2013