Applicant *** (CoA, UPC_CoA_347/2025, 24 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 24 July 2025 (UPC_CoA_347/2025), the President of the Court of Appeal rejected as unfounded a petition by an applicant, whose name is redacted, against the Registrar’s decision of 20 March 2025 refusing his entry on the list of representatives. The holder of a CEIPI diploma issued in 2022, he applied only on 21 February 2025, after the one-year transitional period had ended (3 June 2024), relying on sick leave following an accident. The order confirms how strictly the transitional period applies, even where there is a personal impediment.

Question

Does the one-year period in Rule 12.1 of the Rules on the European Patent Litigation Certificate breach equality and proportionality, and is re-establishment of rights available?

Decision

No on both counts. The course, not accredited under Rule 2, is listed only in Rule 12.1(a)(i), which applied for one year from the entry into force of the UPCA (paragraphs 9 to 12), Italian national rules on registration deadlines are irrelevant (paragraph 13). This time-limited exception to the accreditation requirement cannot be extended beyond its wording (paragraph 14) and does not breach equality or proportionality, since the States may limit its duration and scope (paragraphs 15 and 16), the applicant can still obtain the European certificate or rely on a law degree (paragraph 17). Re-establishment is ruled out: the applicable rules provide for none, Rule 320 RoP may not apply, all due care was not shown and the six-month limit would in any case be missed (paragraphs 18 to 22).

Key points for practice

• A personal impediment during part of the transitional period does not allow an entry requested after the period has expired.

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, 8.1, 11 and 12.1

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.