ARTICLE · 15 AUGUST 2023

EPO Decisions That Can Be Challenged In The UPC

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As part of the package of measures introduced to bring the Unified Patent Court (UPC) and Unitary Patent (UP) into effect, the European Patent Office (EPO)...

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As part of the package of measures introduced to bring the Unified Patent Court (UPC) and Unitary Patent (UP) into effect, the European Patent Office (EPO) has been entrusted with a number of administrative tasks relating to Unitary Patents, including administering requests for UPs and ensuring that such requests are submitted in the correct language and within the correct time period.

To provide a route for challenging decisions made by the EPO in carrying out the allocated tasks, the UPC Agreement gives the Unified Patent Court exclusive competence in respect of actions concerning decisions of the EPO in carrying out these tasks. Consequently, a decision of the EPO in relation to a Unitary Patent can only be challenged in the UPC, and not at the EPO itself.

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