Rehearing. A request for rehearing after a final decision of the Court may exceptionally be granted by the Court of Appeal in the following circumstances:
Rehearing. (1) A request for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing. Such request may only be based on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence.
(2) A request for a rehearing shall be filed within 10 years from the date of the decision but not later than two months from the date of the discovery of a fact including an act which was held, by a final court decision, to constitute a criminal offence. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure.
(4) Persons using patents which are the subject-matter of a decision and who are acting in good faith should be allowed to continue the use.
Rehearing. The parties agree that a rehearing shall only be allowed in the event that the chair of the Arbitration Panel is unable or unwilling to continue performance of the duties of an arbitrator.
Rehearing. (1) A request for rehearing after a final decision of the Court may exceptionally be granted by the Court of Appeal in the following circumstances:
(a) on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing; such request may only be granted on the basis of an act which was held, by a final decision of a national court, to constitute a criminal offence; or
(b) in the event of a fundamental procedural defect, in particular when a defendant who did not appear before the Court was not served with the document initiating the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange for the defence.
(2) A request for a rehearing shall be filed within 10 years of the date of the decision but not later than two months from the date of the discovery of the new fact or of the procedural defect. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is well-founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure.
(4) Persons using patents which are the subject-matter of a decision under review and who act in good faith should be allowed to continue using such patents.
Rehearing. A party dissatisfied with a decision may file a single re- quest for rehearing without prior au- thorization from the Board. The burden of showing a decision should be modi- fied lies with the party challenging the decision. The request must specifically identify all matters the party believes the Board misapprehended or over- looked, and the place where each mat- ter was previously addressed in a mo- tion, an opposition, or a reply. A re- quest for rehearing does not toll times for taking action. Any request must be filed:
(1) Within 14 days of the entry of a non-final decision or a decision to in- stitute a trial as to at least one ground of unpatentability asserted in the peti- tion; or
(2) Within 30 days of the entry of a final decision or a decision not to insti- tute a trial. [77 FR 48669, Aug. 14, 2012, as amended at 80 FR 28565, May 19, 2015]
Rehearing. (1) A request for rehearing after a final decision may exceptionally be made to the Court of Appeal in the following circumstances:
(a) on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing, in particular on the basis of an act which was held, by a final court decision, to constitute a criminal offence; or
(b) in the event of a fundamental procedural defect, in particular when a defendant who did not appear before the Court was not served with the document initiating the proceedings or an equivalent document in sufficient time and in such a way as to enable him to arrange for the defence.
(2) A request for a rehearing shall be filed within 10 years from the date of the decision but not later than two months from the date of the discovery of the new fact or of the procedural defect. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is founded, the Court of Appeal shall set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision, in accordance with the Rules of Procedure.
(4) Persons using patents which are the subject-matter of a decision under review and who are acting in good faith should be allowed to continue the use.
Rehearing. A request for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact by the party requesting the rehearing, which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party requesting the rehearing. Such request may only be based on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence.
Rehearing. (1) A petition for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact which is of such a nature as to be a decisive factor and which, when the judgment was given, was unknown to the party claiming the revision and only on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence.
(2) A request for a rehearing shall be filed within 10 years from the date of the judgment and shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is founded the Court of Appeal may set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision.
(4) Persons using patents which are the subject-matter of a decision and who are acting in good faith should be allowed to continue the use.
Rehearing. (1) A petition for rehearing after a final decision may exceptionally be made to the Court of Appeal on discovery of a fact which is of such a nature as to be a decisive factor and which, when the decision was given, was unknown to the party claiming the revision and only on grounds of a fundamental procedural defect or of an act which was held, by a final court decision, to constitute a criminal offence.
(2) A request for a rehearing shall be filed within 10 years from the date of the decision but not later than two months from the date of the discovery of a fact within the meaning of paragraph 1. Such request shall not have suspensive effect unless the Court of Appeal decides otherwise.
(3) If the request for a rehearing is founded, the Court of Appeal may set aside, in whole or in part, the decision under review and re-open the proceedings for a new trial and decision.
(4) Persons using patents which are the subject-matter of a decision and who are acting in good faith should be allowed to continue the use.
Rehearing. The procedure for Rehearing at the appellate level (and at the Proceeding) shall be as provided in the Procedure Manual.
