UPC Court of Appeal Decision on Rule 12 EPLC Petition for Review
On 26 January 2026, the President of the Unified Patent Court's Court of Appeal issued a decision regarding a petition for review of a Registrar's decision. The applicant sought to be listed as a representative before the UPC, citing a certificate from a course completed in 1989. The Registrar rejected the application because it was filed after the one-year transition period allowed by Rule 12.1 of the EPLC Rules, which ended on 3 June 2024. The petitioner argued that the time limit was discriminatory and inconsistent across signatory states.
The President of the Court of Appeal found the petition admissible but unfounded, stating that Rule 12.1's time limit was clear and intended to ensure adequate representation immediately after the UPC's formation. Since the applicant filed after the deadline, their qualifications could not be deemed appropriate under Art. 48(2) UPCA. The decision reaffirmed that neither the EPLC Rules nor their application by the Registrar were discriminatory or in violation of equality principles.