UPC Court of Appeal

The UPC Court of Appeal is the second-instance court of the Unified Patent Court. It sits in Luxembourg and hears appeals against the decisions and orders of the Court of First Instance, whichever division issued them. The UPC Court of Appeal ensures the consistency of the Court’s case law, which gives it a decisive role in building a common European patent law.

The organisation of the Court of Appeal

First, the Court sits in panels of five judges: three legally qualified judges of different nationalities and two technically qualified judges in the field concerned. Next, it is organised in several standing panels, and its President may convene an enlarged panel for questions of importance. Finally, the Court may refer a question to the Court of Justice of the European Union for a preliminary ruling on the interpretation of Union law, the Unified Patent Court being a court common to the Contracting Member States.

Time limits and effects of the appeal

An appeal against a decision on the merits must be lodged within two months of its notification. An appeal against an order, for instance an order for provisional measures or to preserve evidence, must be lodged within fifteen days. An appeal against a decision on the merits has suspensive effect for revocation actions and for certain actions, but not for other decisions and orders, unless the Court decides otherwise on the reasoned request of a party. The statement of grounds of appeal must be lodged within a separate period. New pleas and evidence are admitted only if they could not reasonably have been presented at first instance. The rules can be consulted on the website of the Unified Patent Court.

The powers of the Court and rehearing

The Court of Appeal may confirm, set aside or vary the decision, rule on the merits itself or, exceptionally, refer the case back to the Court of First Instance. Its decisions are final, subject to an application for rehearing, available in limited cases: discovery of a decisive fact unknown at the time of the decision or a fundamental procedural defect. In practice, the Court of Appeal issued structuring decisions from its first years on provisional measures, the language of proceedings, security for costs and claim interpretation. The firm pleads before the Court of Appeal, as presented on the page lawyer before the Unified Patent Court.