Article 75

Decision on appeal and referral back

Agreement On A Unified Patent Court

Part 3 – Organisation and Procedural Provisions

Chapter 5 – Appeals

Article 75 – Decision on appeal and referral back
  1. If an appeal pursuant to Article 73 is well-founded, the Court of Appeal shall revoke the decision of the Court of First Instance and give a final decision. The Court of Appeal may in exceptional cases and in accordance with the Rules of Procedure refer the case back to the Court of First Instance for decision.
  2. Where a case is referred back to the Court of First Instance pursuant to paragraph 1, the Court of First Instance shall be bound by the decision of the Court of Appeal on points of law.

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Rule 242 – Decision of the Court of Appeal

Rule 243 – Referral back