Applicant *** (CoA, UPC_CoA_300/2025, 24 July 2025)
| Date | 24 July 2025 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Petition for review of Registrar's decision |
| Case number(s) | UPC_CoA_300/2025 |
| Registry reference | APL_15506/2025 · ORD_33642/2025 · UPC_CoA_300/2025 |
| Parties | Applicant *** |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 24 July 2025 (UPC_CoA_300/2025), the President of the Court of Appeal, Judge Grabinski, rejected the petition of a European patent attorney, whose name is redacted, against the Registrar’s decision of 18 March 2025 refusing his entry on the list of representatives. The applicant relied on a 2022 CEIPI certificate (« Patent litigation in Europe ») obtained before that course was accredited. The order closes the door to holders of earlier diplomas who did not act during the transitional period.
Question
Can a course completed before its accreditation qualify for entry on the list of representatives under Article 48(2) UPCA once the transitional period of Rule 12.1 of the EPLC Rules has expired?
Decision
No. Entry on the EPO list is not enough: Article 48(2) UPCA requires an appropriate qualification, defined exclusively by the EPLC Rules (paragraphs 7 to 9). As the 2022 course predates the accreditation decision of 24 November 2023, it is not an accredited course (paragraphs 10 and 11). The « other qualifications » route under Rule 12.1(a)(i) was open only for one year from 1 June 2023, i.e. until 3 June 2024, the request of 15 November 2024 was late (paragraph 12). Accepting de facto continuity would give the accreditation retroactive effect and defeat that time limit (paragraphs 13 and 14). The regime breaches neither equality nor proportionality, as the applicant may still obtain the certificate or a law degree (paragraphs 17 and 18).
Key points for practice
- Practical point: a diploma obtained before the course was accredited counts only under the transitional period, after 3 June 2024, only an accredited course, the European Patent Litigation Certificate or a Rule 11 qualification gives access to the list.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 48(2)
- Rules of Procedure
- Rule 286.2
- European Patent Convention
- Art. 134
- Rules on the European Patent Litigation Certificate
- Rules 2, 11 and 12.1(a)(i)
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.
Going further
Lexicon: UPC Court of Appeal.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Parties
- claimantApplicant ***11 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Petition for review of Registrar's decision
- Outcome (Dhenne Avocats summary)
- Un cursus suivi avant son accréditation ne qualifie pas pour la représentation devant la JUB une fois expirée, le 3 juin 2024, la période transitoire de la règle 12.1 EPLC, le recours est rejeté.
- Appeal
- Decision of the Court of Appeal.
- Instance
- Court of Appeal decision.
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