Order of 24 July 2025 (APL_32076/2025; UPC_CoA_614/2025)
A European Patent Attorney asked to be entered on the UPC list of representatives based on a Politecnico di Milano “Corso di Proprietà Industriale – Brevetti” certificate. The Registrar rejected the request because it was filed after the one‑year transitional window in Rule 12.1(a) of the EPLC Rules (which ran from 1 June 2023 and, because of the weekend, expired on 3 June 2024). The attorney petitioned the President of the Court of Appeal to review that refusal, arguing Rule 12.1 merely defines “appropriate qualifications” and sets no filing deadline; principles of proportionality and legal certainty should permit late registration; and an IT issue had delayed filing.
The President dismissed the petition. Rule 12.1(a) creates a strictly time‑limited pathway: for one year from UPCA entry into force, specified “other qualifications” are deemed appropriate for registration. After that period, they are not. The provision governs substantive eligibility, not just the date a certificate is earned; filing outside the window means the qualification no longer counts for UPC entry. Rule 12.2 confirms the transitional character by tying certain listed courses to completion by 31 December 2020. Separately, the Politecnico course taken here was not an accredited course under Rule 2 when attended; outside the transitional window, only accredited EPLC courses (or a legal diploma under Rule 11) will do.
The President also rejected “re‑establishment” arguments. The EPLC Rules contain no such remedy; even if one analogised to Rule 320 RoP, the due‑care and six‑month requirements were not met. An IT oversight without robust backup does not suffice.
For European Patent Attorneys, the transitional bridge of Rule 12.1(a) was a one‑year grace period to enter the UPC list on the strength of legacy courses. That bridge is now up. Late petitions will not be salvaged via proportionality, equity, or re‑establishment theories. The only durable routes remain: an accredited European Patent Litigation Certificate under Rule 2, or a qualifying legal diploma under Rule 11.
