1.3.4. Relevant EPC provisions and publications in the Official Journal

Certain procedural provisions of the EPC, from the Convention itself and the Implementing Regulations, apply mutatis mutandis to procedures under the UPR and the RFeesUPP (Rule 20 UPR, Article 6 RFeesUPP). This serves the purpose of alignment with the existing EPO procedures and related practice. Accordingly, decisions of the President of the EPO and notices from the EPO concerning the implementation of the EPC provisions cited in the UPR and the RFeesUPP apply likewise to Unitary Patent proceedings because they were issued under the relevant EPC provisions, which apply mutatis mutandis. Due consideration must also be given to the case law of the EPO boards of appeal in relation to the respective EPC provisions.

The President of the EPO has the power to adopt internal administrative instructions and provide information to the public to guarantee the implementation of Unitary Patent protection under Rule 3 UPR and Art. 10(2)(a) EPC. Decisions of the President of the EPO and of the chair of the SC as well as notices and information from the EPO are published in the Official Journal. Notices and information of a general character issued by the SC or the President of the EPO are also published in the Official Journal.