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H. Legal remedies against EPO decisions...

Overview

II.Interlocutory revision by the EPO 

This publication has been discontinued. The latest edition is retained for reference purposes only.

160Where an application to annul or alter an EPO decision is brought before it, the UPC will first perform an admissibility check and, if it is admissible, forward it to the EPO under Rule 90(d) RoP UPC.

Rule 90(d) RoP UPC

161If the EPO is informed by the UPC that an application to annul or alter a decision of the EPO is admissible and if the EPO considers the application to be well founded, it will within two months of the date of receipt of the application,  

Rule 24 UPR

Rule 91 RoP UPC

(a)  rectify the contested decision in accordance with the order or remedy sought by the claimant, and  

(b)  inform the UPC that the decision has been rectified (see Rule 24 UPR and Rule 91 RoP UPC).

162Where the UPC is informed by the EPO that the contested decision has been rectified, it will inform the claimant that the action is closed. It may order full or partial reimbursement of the fee for the action against a decision of the Office (see Rule 91(2) RoP UPC).

Rule 91(2) RoP UPC

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