Appeal against a first instance decision: documents to prepare
An appeal against a first-instance patent decision opens a fixed window that starts running from formal notification of the decision. Missing it closes the case for good. Preparation means gathering the decision itself, the grounds relied on, the evidence already on file, and a signed authorisation for whoever files the appeal. Nothing further can be added once the appeal is lodged.
What changes once the appeal is filed
Once the appeal is lodged, the first-instance decision does not automatically stop producing effect. Whether enforcement pauses depends on the forum's own procedural rules and on any separate request for suspension filed alongside the appeal.
The file built at first instance becomes the working record for the appellate stage. New evidence is admitted only in narrow circumstances set by the appellate body's own procedure. A party relying on late evidence carries the burden of explaining why it could not have been produced earlier.
Documents to prepare
The table below sets out what typically needs to be ready before the appeal is lodged. The deciding body may request further items depending on the case.
| Stage | Document | Prepared by |
|---|---|---|
| Filing the appeal | Signed notice of appeal referencing the contested decision | Appellant or authorised representative |
| Filing the appeal | Power of attorney or authorisation for the representative | Appellant |
| Grounds | Statement of grounds, addressing the parts of the decision under challenge | Appellant's representative |
| Grounds | Copy of the first-instance decision and the record it was based on | Registry of the first-instance body |
| Response | Reply from the other side, where a response is filed | Respondent |
| Evidence | Any new evidence admitted under the narrow exception, with an explanation for late submission | Party relying on it |
Each item above sits in the case file maintained by the registry of the forum handling the appeal. Nothing in that file is created retroactively once the deadline for the statement of grounds has passed.
What to do
- Confirm the date of formal notification with the registry; this date fixes the start of the appeal window.
- Instruct a representative authorised to act before the appellate forum and sign the authorisation without delay.
- Assemble the first-instance file: the decision, the submissions, and the evidence already admitted.
- Draft the statement of grounds, addressing each contested part of the decision separately.
- Lodge the appeal and the statement of grounds with the registry within the window set by the forum's own rules.
Any personal data included in the file is processed under the terms explained in Privacy notice overview and the deadline.
Who decides
The appeal is decided by a panel at the appellate level of the same court system that issued the first-instance decision, sitting in a composition fixed by its own rules. The panel reviews the grounds raised; it does not retry the dispute from the start.
Enforcement once an appellate decision becomes final follows a procedure separate from enforcement against a holder of tokenised rights, where the deciding body and the timing differ, see When enforcement is sought against a holder explained.
If your situation looks like this
If the first-instance decision covers several claims and only one is contested, the statement of grounds should address that claim alone. The rest of the decision stands as delivered.
If the other side withdrew from the case at first instance, the appeal proceeds on the record as it stood at the point of withdrawal.
If new evidence surfaced only after the first-instance decision, admission depends on showing it could not have been produced earlier. A bare assertion is not enough.
Sources and limits
This page does not set the exact number of days within the appeal window, the fee payable to the forum, or the composition of a specific panel. Those figures are fixed by the forum's own rules and published in its schedule; they are not repeated here. This page also does not assess the merits of any particular technical dispute.
The sequence described above was checked against publicly available procedural guidance from the relevant appellate forum at the time of writing. It covers the steps and the documents typically required; it does not substitute for the forum's own rules of procedure.
For a sense of how a case file looks once documentation review is complete, see Sample counterparty report, as delivered in detail.
Related reading
A related procedural question, opting out of a parallel regime, is covered separately: Opt-out and withdrawal of opt-out step by step.
Next step
Documents from a first-instance patent dispute sometimes surface issues beyond the appeal itself, including open-source components inside a delivered product. See When open source is found inside a deliverable and act on it before other deadlines close.
FAQ
How long does appeal against a first instance decision take in practice?
Duration depends on the forum's own calendar and on whether either side requests an extension or an oral hearing. The forum sets its indicative timeframe in its own procedural guidance rather than in one fixed figure that applies to every case.
Which documents are needed to start?
At minimum: the contested decision, a signed authorisation for the representative, and a statement of grounds addressing the specific parts under challenge. Supporting evidence already on the first-instance file carries forward automatically.
What happens if the other side does not respond?
The appeal proceeds on the file as lodged. A missing response does not by itself decide the outcome; the appellate body still reviews the grounds raised and the record built at first instance.