UPC-Court of Appeal: Procedural decision concerning an application to annul a decision of the Office to reject a request for unitary effect

Rule 91 RoP, which provides for an interlocutory revision by the EPO, does not apply to an expedited action against an EPO decision concerning an application to annul a decision rejecting a request for unitary effect. In view of the three-week period within which an application for reversal may be lodged against a decision taken by the EPO (Rule 97.1 RoP), the timeframe (“as soon as practicable”) within which the Registry must forward this application to the standing judge, and the three-week period within which the latter must decide on the application (Rule 97.4 RoP), an application lodged under Rule 97 RoP constitutes an expedited action falling under the exception provided for in Rule 85.2 RoP. Rule 97 RoP, as lex specialis, establishes the specific provisions applicable to an application to annul an EPO decision rejecting a request for unitary effect (UPC 16.9.2025; CoA 796/2025).