Appeal against a first instance decision: stages and deadlines
An appeal against a first instance decision opens a fixed window. It starts running from the date of formal notification, not from the hearing itself. Missing that window closes the case for good. The appellate stage re-examines the file on its merits. A party that skips a required document at this point rarely gets a second chance to add it later.
What changes once the appeal is filed
Filing an appeal rarely pauses the underlying situation on its own. Enforcement of the contested decision typically continues unless the appellant separately asks for interim relief. That request is not automatic, and it is not part of the appeal document itself. It carries its own short deadline, often shorter than the one for the appeal proper. Parties who treat the two deadlines as one frequently lose the chance to stop enforcement before real harm is done. Cost orders attached to the first instance decision can also follow a separate track from the substantive ruling, which means winning the main appeal does not automatically reopen a cost decision already final.
The point of no return
Once the window for filing a notice of appeal lapses without a filing, the first instance decision becomes final. There is no general right to ask for a second window on the basis that a party was busy, misinformed, or waiting for advice. Some systems allow a narrow exception for genuine procedural failure, such as notification never reaching the party at all, but that exception is assessed strictly and is not a substitute for ordinary diligence. Treat the notification date, not the hearing date, as the moment the clock starts.
What to do, step by step
- Confirm the exact date of formal notification from the file, not from memory of the hearing.
- Instruct counsel to file the notice of appeal within the window that runs from that date.
- Prepare the statement of grounds as a separate document; a bare notice without grounds is usually treated as incomplete.
- Request interim relief in parallel if enforcement of the first instance decision would cause harm before the appeal is heard.
- Serve the other side through the channel the first instance body itself used, not through informal correspondence.
- Keep proof of service on file; a dispute about whether notice was properly given can outlast the appeal.
Who decides, and on what timetable
The appeal goes to the appellate chamber attached to the body that issued the first instance decision, not to a forum chosen freely by the appellant. In patent disputes handled before the Unified Patent Court, that chamber is the Court of Appeal, sitting separately from the first instance division that heard the case originally. The chamber sets its own case-management timetable once the statement of grounds and the response have both been filed. That internal timetable, rather than a single fixed count of days, is what actually determines when a hearing is listed or when the file is closed on written submissions alone. In some matters the chamber can also send the case back to the first instance division for a fresh decision, rather than deciding the point itself.
Stages at a glance
| Stage | What happens | Who acts next |
|---|---|---|
| Notice of appeal | Appellant signals intent to challenge the decision within the applicable window. | The appellate registry logs the case and opens a file. |
| Statement of grounds | Appellant sets out the specific errors alleged in the first instance decision. | Respondent is served and a response period opens. |
| Response | Respondent answers the grounds, or stays silent, within its own window. | The chamber reviews both filings for completeness. |
| Case management | The chamber sets the timetable for any further submissions and a hearing date. | Parties prepare written closure or oral argument. |
| Decision | The chamber issues its ruling, which may uphold, vary, or remit the matter. | The ruling becomes the new point of reference. |
Common forks in the file
If the invention at the centre of the dispute was developed under a contractor arrangement, for example in biotech, ownership questions can run alongside the appeal rather than inside it; see Biotech and life sciences a contractor claims ownership of for that separate track.
If the respondent files a cross-appeal instead of simply defending, both sets of grounds are usually heard together, and the overall timetable lengthens as a result.
If new evidence surfaces only after the first instance decision, most systems restrict what the appellate chamber will admit into the file. Check with counsel before assuming a new document can be added freely at this stage.
What this page does not resolve
This page sets out the order of events and the general shape of the appeal. It does not state the exact number of days involved, because that figure depends on the specific court's own rules of procedure and on national implementing measures that vary by jurisdiction. It does not predict how any particular appeal will end. Where the real question is the other side's financial standing rather than procedure, a due-diligence report answers a different question entirely, for example Counterparty in Italy in practice.
Verified
This overview is checked against publicly available court guidance and updated when that guidance changes. It does not cite specific statutory provisions, because the underlying national implementing rules are not yet part of our internal registry for every jurisdiction we cover. Details on how the firm scopes this kind of review are set out separately, see About the firm and its scope in practice.
Related publications
A separate procedural question, closely tied to the appeal timetable in unitary patent matters, is covered in Opt-out and withdrawal of opt-out step by step.
Frequently asked questions
How long does appeal against a first instance decision take in practice?
Duration depends on the complexity of the grounds raised, whether a cross-appeal is filed, and the chamber's own caseload at the time. The court's rules of procedure set the framework for filings, but the chamber controls the actual timetable once the file is complete and both sides have been heard on management questions.
Which documents are needed to start?
At minimum: the notice of appeal, a copy of the contested decision, and the statement of grounds. Supporting evidence referenced in the grounds should be assembled and organised before filing, since adding material after the fact is often restricted once the appellate file is open.
What happens if the other side does not respond?
The chamber typically proceeds on the basis of the appellant's filing and whatever file material is already on record from the first instance stage. Silence is not treated as agreement with the grounds, but it does narrow what the chamber has in front of it when it comes to weigh the arguments.
Next step
If you are already inside a related dispute and need to know what to do first, start with What to do first in this situation.
If a competitor is copying protected work rather than appealing a ruling, the cost of getting it wrong is set out in What it costs to be wrong in this situation.
If the dispute instead involves a transfer that exists on-chain but was never mirrored off-chain, that is a different track altogether, described in When a transfer on-chain is not recorded off-chain explained.