Applicant *** (CoA, UPC_CoA_521/2025, 24 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 24 July 2025 (UPC_CoA_521/2025), the President of the Court of Appeal rejected a petition by a European patent attorney, whose name is redacted, against the Registrar’s decision of 12 May 2025 refusing his entry on the list of representatives. His request, filed on 27 March 2025, relied on a 2023 certificate from an Italian industrial property course, which could count only under the one-year transitional period that ended on 3 June 2024. The order rules out late requests based on these transitional qualifications.

Question

Can a certificate falling under Rule 12.1(a) of the Rules on the European Patent Litigation Certificate support an entry requested after the transitional period has ended?

Decision

No. The course, which predates the accreditation of 19 July 2024, counts only as an « other qualification » under Rule 12.1(a)(xii), recognised for the transitional period alone (paragraphs 11 and 12). That period defines how long the certificate is deemed valid, not when it must have been obtained. The opposite reading would deprive Rule 12.2 of effect, so the request must be filed within that period (paragraphs 13 to 16). The scheme does not breach equality or proportionality, and the applicant can still qualify through the European Patent Litigation Certificate or a law degree (paragraphs 17 and 18). A one-off oversight by his team does not justify re-establishment: the applicable rules provide for none, do not refer to Rule 320 RoP, and due care was not shown (paragraphs 19 to 23).

Key points for practice

• The transitional period under Rule 12.1(a) is, as a rule, not open to extension or exception. An attorney who did not register in time must obtain the European Patent Litigation Certificate.

Provisions applied

Agreement on a Unified Patent Court

Art. 48(2)

Rules of Procedure

Rules 286.2 and 320

European Patent Convention

Art. 134

Other provisions

Rules on the European Patent Litigation Certificate and other appropriate qualifications, Rules 2, 11, 12 and 14

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.