Rule 88 – Application to annul or alter a decision of the Office

Print this page

1. The claimant shall lodge an Application at the Registry, in accordance with Article 7(2) of the Agreement and Annex II thereto, to annul or alter a decision of the Office in the language in which the patent was granted, within two months of service of the decision of the Office.


2. The Application to annul or alter a decision of the Office shall contain:

(a) the names of the claimant and, where applicable, of the claimant’s representative;

(b) where the claimant is not the proprietor of or applicant for the European patent with unitary effect, an explanation and evidence that he is adversely affected by the decision of the Office and entitled to start proceedings [Article 47(7) of the Agreement];

(c) postal and electronic addresses for service on the claimant and the names and addresses of the persons authorised to accept service;

(d) a reference to the contested decision of the Office;

(e) where applicable, information about any prior or pending proceedings relating to the patent concerned before the Court, the European Patent Office or any other court or authority;

(f) an indication whether the action shall be heard by a single judge;

(g) the order or the remedy sought by the claimant;

(h) one or more grounds for annulling or altering the contested decision, in accordance with Rule 87;

(i) the facts, evidence and arguments relied on; and

(j) a list of the documents, including any witness statements, referred to in the Application together with any request that all or part of any such document need not be translated and/or any request pursuant to Rule 262.2 or Rule 262A. Rule 13.2 and 3 shall apply mutatis mutandis.


3. The claimant shall pay the fee for the action against a decision of the Office, in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.


4. Rule 8 shall not apply.


Relation with Agreement: Articles 32(1)(i), 33(9), 47(7), 48(7) and 49(6)