Procedural Remedies. Two procedural remedies will be available before the European Patent Court: from decisions of the Court of First Instance an appeal shall lie to the Court of Appeal; as an extraordinary remedy any party may file a petition for review. The appeal is the ordinary procedural remedy with suspensive effect. As a general rule, only final decisions shall be appealable. The appeal may only be based on the grounds that the facts alleged by the parties were not correctly established, or that, based on the established facts, the law was not correctly applied. New facts or evidence may only be taken into consideration by the Court of Appeal in exceptional cases.
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Sources: Draft Agreement on the Establishment of a European Patent Litigation System, European Patent Litigation Agreement, Draft Agreement on the Establishment of a European Patent Litigation System