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📕 mVault - UPC

UPCRoP

Rules of Procedure of the Unified Patent Court

Abbreviations

PREAMBLE

APPLICATION AND INTERPRETATION OF THE RULES

  • Rule 1 - Application of the Rules and general principles of interpretation
  • Rule 2 - Supplementary protection certificate
  • Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry
  • Rule 4 - Lodging of documents
  • Rule 5 - Lodging of an Application to opt out and withdrawal of an opt-out
  • Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out
  • Rule 6 - Service and supply of orders, decisions, written pleadings and other documents
  • Rule 7 - Language of written pleadings and written evidence
  • Rule 8 - Party and party’s representative
  • Rule 9 - Powers of the Court

PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE

  • Rule 10 - Stages of the proceedings (inter partes proceedings)
  • Rule 11 - Settlement

CHAPTER 1 - WRITTEN PROCEDURE

SECTION 1 - INFRINGEMENT ACTION
  • Rule 12 - Exchange of written pleadings (infringement action)
STATEMENT OF CLAIM
  • Rule 13 - Contents of the Statement of claim
  • Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement
  • Rule 15 - Fee for the infringement action
  • Rule 16 - Examination as to formal requirements of the Statement of claim
  • Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action)
  • Rule 18 - Designation of the judge-rapporteur
PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION
VALUE-BASED FEE FOR THE INFRINGEMENT ACTION
  • Rule 22 - Determination of value-based fee for the infringement action
STATEMENT OF DEFENCE
  • Rule 23 - Lodging of the Statement of defence
  • Rule 24 - Contents of the Statement of defence
  • Rule 25 - Counterclaim for revocation
  • Rule 26 - Fee for the Counterclaim for revocation
  • Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation
  • Rule 28 - Further schedule
DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY
  • Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
  • Rule 29A - Contents of the Defence to the Counterclaim
  • Rule 30 - Application to amend the patent
DEFENCE TO THE APPLICATION TO AMEND THE PATENT
  • Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL
LAST STEPS IN THE WRITTEN PROCEDURE
  • Rule 35 - Closure of the written procedure
  • Rule 36 - Further exchanges of written pleadings
  • Rule 37 - Application of Article 33(3) of the Agreement
COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT
  • Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
  • Rule 39 - Language of the proceedings before the central division
  • Rule 40 - Accelerated proceedings before the central division
ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)( C) OF THE AGREEMENT
  • Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
SECTION 2 - REVOCATION ACTION
  • Rule 42 - Action to be directed against the patent proprietor
  • Rule 43 - Exchange of written pleadings (revocation action)
STATEMENT FOR REVOCATION
  • Rule 44 - Contents of the Statement for revocation
  • Rule 45 - Language of the Statement for revocation
  • Rule 46 - Fee for the revocation action
  • Rule 47 - Examination as to formal requirements, recording in the register, assignment (Court ofFirst Instance, revocation action) and designation of the judge-rapporteur
  • Rule 48 - Preliminary objection
DEFENCE TO REVOCATION
  • Rule 49 - Lodging of the Defence to revocation
  • Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement
  • Rule 51 - Reply to Defence to revocation
  • Rule 52 - Rejoinder to the Reply
  • Rule 53 - Fee for the Counterclaim for infringement
  • Rule 54 - Examination as to formal requirements and further schedule
DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT
  • Rule 55 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
  • Rule 56 - Lodging of the Defence to the Counterclaim for infringement
  • Rule 57 - Request for allocating a technically qualified judge
  • Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings
  • Rule 60 - Determination of the value-based fee for the Counterclaim for infringement
SECTION 3 - ACTION FOR DECLARATION OF NON-INFRINGEMENT
  • Rule 61 - Declaration of non-infringement
  • Rule 62 - Exchange of written pleadings (action for declaration of non-infringement)
  • Rule 63 - Contents of the Statement for a declaration of non-infringement
  • Rule 64 - Language of the Statement for a declaration of non -infringement
  • Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
  • Rule 66 - Preliminary objection
  • Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement
  • Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement
  • Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
  • Rule 70 - Fee for the action for a declaration of non-infringement
  • Rule 71 - Examination as to formal requirements and further schedule
  • Rule 72 - Request for allocating a technically qualified judge
  • Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings
  • Rule 74 - Value-based fee for the action for a declaration of non-infringement
SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT
  • Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)
  • Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement
  • Rule 77 - Action for declaration of non-infringement and action for revocation
SECTION 5 - ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257 /2012
  • Rule 80 - Compensation for a licence of right
SECTION 6 - ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012
  • Rule 85 - Stages of the proceedings (ex parte proceedings)
  • Rule 86 - Suspensive effect
  • Rule 87 - Grounds for annulling or altering a decision of the Office
  • Rule 88 - Application to annul or alter a decision of the Office
  • Rule 89 - Examination as to formal requirements (ex parte proceedings)
  • Rule 90 - Recording in the register (ex parte proceedings)
  • Rule 91 - Interlocutory revision by the European Patent Office
  • Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur
  • Rule 93 - Examination of the Application to annul or alter a decision of the Office
  • Rule 94 - Invitation to the President of the European Patent Office to comment
  • Rule 95 - Lex specialis for the interim procedure (ex parte procedure)
  • Rule 96 - Lex specialis for the oral procedure (ex parte procedure)
  • Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect
  • Rule 98 - Costs

CHAPTER 2 - INTERIM PROCEDURE

  • Rule 101 - Role of the judge-rapporteur (Case management)
  • Rule 102 - Referral to the panel
  • Rule 103 - Preparation for the interim conference
INTERIM CONFERENCE
  • Rule 104 - Aim of the interim conference
  • Rule 105 - Holding the interim conference
  • Rule 106 - Recording of the interim conference
PREPARATION FOR THE ORAL HEARING

CHAPTER 3 - ORAL PROCEDURE

  • Rule 111 - Role of the presiding judge (Case management)
  • Rule 112 - Conduct of the oral hearing
  • Rule 113 - Duration of the oral hearing
  • Rule 114 - Adjournment where the Court considers that further evidence is required
  • Rule 115 - The oral hearing
  • Rule 116 - Absence of a party from the oral hearing
  • Rule 117 - Absence of both parties from the oral hearing
  • Rule 118 - Decision on the merits
  • Rule 119 - Interim award of damages

CHAPTER 4 - PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION

  • Rule 125 - Separate proceedings for determining the amount of damages ordered
  • Rule 126 - Start of proceedings for the determination of damages
SECTION 1 - APPLICATION FOR THE DETERMINATION OF DAMAGES
  • Rule 131 - Contents of the Application for the determination of damages
  • Rule 132 - Fee for the Application for the determination of damages
  • Rule 133 - Determination of the value-based fee for the determination of damages
  • Rule 134 - Examination as to formal requirements of the Application for the determination of damages
  • Rule 135 - Recording in the register (Application for the determination of damages) and service
  • Rule 136 - Stay of the Application for a determination of damages
  • Rule 137 - Reply of the unsuccessful party
  • Rule 138 - Contents of the Defence to the Application for the determination of damages
  • Rule 139 - Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
  • Rule 140 - Further procedure (Application for the determination of damages)
SECTION 2 - REQUEST TO LAY OPEN BOOKS
  • Rule 141 - Contents of the Request to lay open books
  • Rule 142 - Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
  • Rule 143 - Further procedure
  • Rule 144 - Decision on the Request to lay open books

CHAPTER 5 - PROCEDURE FOR COST DECISION

  • Rule 150 - Separate proceedings for cost decision
  • Rule 151 - Start of proceedings for cost decision
  • Rule 152 - Compensation for representation costs
  • Rule 153 - Compensation for costs of experts
  • Rule 154 - Compensation for costs of witnesses
  • Rule 155 - Compensation for costs of interpreters and translators
  • Rule 156 - Further procedure
  • Rule 157 - Appeal against the cost decision

CHAPTER 6 - SECURITY FOR COSTS

  • Rule 158 - Security for costs of a party
  • Rule 159 - Security for costs of the Court

PART 2 - EVIDENCE

  • Rule 170 - Means of evidence and means of obtaining evidence
  • Rule 171 - Offering of evidence
  • Rule 172 - Duty to produce evidence
  • Rule 173 - Judicial Cooperation in the taking of evidence

CHAPTER 1 - WITNESSES AND EXPERTS OF THE PARTIES

  • Rule 175 - Written witness statement
  • Rule 176 - Application for the hearing of a witness in person
  • Rule 177 - Summoning of witnesses to the oral hearing
  • Rule 178 - Hearing of witnesses
  • Rule 179 - Duties of witnesses
  • Rule 180 - Reimbursement of expenses of witnesses
  • Rule 181 - Experts of the parties

CHAPTER 2 - COURT EXPERTS

CHAPTER 3 - ORDER TO PRODUCE EVIDENCE AND TO COMMUNICATE INFORMATION

ORDER TO PRODUCE EVIDENCE
ORDER TO COMMUNICATE INFORMATION
  • Rule 191 - Application for order to communicate information

CHAPTER 4 - ORDER TO PRESERVE EVIDENCE (SAISIE) AND ORDER FOR INSPECTION

ORDER TO PRESERVE EVIDENCE (SAISIE)
  • Rule 192 - Application for preserving evidence
  • Rule 193 - Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
  • Rule 194 - Examination of the Application for preserving evidence
  • Rule 195 - Oral hearing
  • Rule 196 - Order on the Application for preserving evidence
  • Rule 197 - Order to preserve evidence without hearing the defendant
  • Rule 198 - Revocation of an order to preserve evidence
ORDER FOR INSPECTION

CHAPTER 5 - OTHER EVIDENCE

PART 3 - PROVISIONAL MEASURES

  • Rule 205 - Stages of the proceedings (summary proceedings)
  • Rule 206 - Application for provisional measures
  • Rule 207 - Protective Letter
  • Rule 208 - Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
  • Rule 209 - Examination of the Application for provisional measures
  • Rule 210 - Oral hearing
  • Rule 211 - Order on the Application for provisional measures
  • Rule 212 - Order on provisional measures without hearing the defendant
  • Rule 213 - Revocation of provisional measures

PART 4 - PROCEDURES BEFORE THE COURT OF APPEAL

  • Rule 220 - Appealable decisions
  • Rule 221 - Application for leave to appeal against cost decisions
  • Rule 222 - Subject-matter of the proceedings before the Court of Appeal
  • Rule 223 - Application for suspensive effect

CHAPTER 1 - WRITTEN PROCEDURE

SECTION 1 - STATEMENT OF APPEAL, STATEMENT OF GROUNDS OF APPEAL
  • Rule 224 - Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
  • Rule 225 - Contents of the Statement of appeal
  • Rule 226 - Contents of the Statement of grounds of appeal
  • Rule 227 - Language of the Statement of appeal and of the Statement of grounds of appeal
  • Rule 228 - Fee for the appeal
  • Rule 229 - Examination as to formal requirements of the Statement of appeal
  • Rule 230 - Recording in the register (Court of Appeal)
  • Rule 231 - Designation of the judge-rapporteur
  • Rule 232 - Translation of file
  • Rule 233 - Preliminary examination of the Statement of grounds of appeal
  • Rule 234 - Challenge to the decision to reject an appeal as inadmissible
SECTION 2 - STATEMENT OF RESPONSE
  • Rule 235 - Statement of response
  • Rule 236 - Contents of the Statement of response
  • Rule 237 - Statement of cross-appeal
SECTION 3 - REPLY TO A STATEMENT OF cross-appeal
  • Rule 238 - Reply to a Statement of cross-appeal and further schedule
SECTION 4 - REFERRAL TO THE FULL COURT

CHAPTER 2 - INTERIM PROCEDURE

  • Rule 239 - Role of the judge-rapporteur

CHAPTER 3 - ORAL PROCEDURE

  • Rule 240 - Conduct of the oral hearing
  • Rule 241 - Conduct of the oral hearing for an appeal of a cost decision

CHAPTER 4 - DECISIONS AND EFFECT OF DECISIONS

CHAPTER 5 - PROCEDURE FOR APPLICATION FOR REHEARING

  • Rule 245 - Lodging of an Application for rehearing
  • Rule 246 - Contents of the Application for rehearing
  • Rule 247 - Fundamental procedural defects
  • Rule 248 - Obligation to raise objections
  • Rule 249 - Definition of criminal offence
  • Rule 250 - Fee for the rehearing
  • Rule 251 - Recording in the register
  • Rule 252 - Suspensive effect
  • Rule 253 - Examination as to formal requirements of the Application for rehearing
  • Rule 254 - Assignment of Application for rehearing to a panel
  • Rule 255 - Examination of the Application for rehearing

PART 5 - GENERAL PROVISIONS

CHAPTER 1 - GENERAL PROCEDURAL PROVISIONS

  • Rule 260 - Examination by the Registry of its own motion
  • Rule 261 - Date of pleadings
  • Rule 262 - Public access to the register
  • Rule 262A - Protection of Confidential Information
  • Rule 263 - Leave to change claim or amend case
  • Rule 264 - An opportunity to be heard
  • Rule 265 - Withdrawal
  • Rule 266 - Preliminary references to the Court of Justice of the European Union
  • Rule 267 - Actions pursuant to Article 22 of the Agreement

CHAPTER 2 - SERVICE

SECTION 1 - SERVICE WITHIN THE CONTRACTING MEMBER STATES
  • Rule 270 - Scope of this Section
  • Rule 271 - Service of the Statement of claim
  • Rule 272 - Notice of service and non-service of the Statement of claim
SECTION 2 - SERVICE OUTSIDE THE CONTRACTING MEMBER STATES
  • Rule 273 - Scope of this Section
  • Rule 274 - Service outside the Contracting Member States
SECTION 3 - SERVICE BY AN ALTERNATIVE METHOD
  • Rule 275 - Service of the Statement of claim by an alternative method or at an alternative place
SECTION 4 - SERVICE OF ORDERS, DECISIONS AND WRITTEN PLEADINGS
  • Rule 276 - Service of orders and decisions
  • Rule 277 - Decisions by default under Part 5, Chapter 11
  • Rule 278 - Service of written pleadings and other documents
  • Rule 279 - Change of electronic address for service

CHAPTER 3 - RIGHTS AND OBLIGATIONS OF REPRESENTATIVES

  • Rule 284 - Duty of representatives not to misrepresent facts or cases
  • Rule 285 - Powers of attorney
  • Rule 286 - Certificate that a representative is authorised to practice before the Court
  • Rule 287 - Attorney -client privilege
  • Rule 288 - Litigation privilege
  • Rule 289 - Privileges, immunities and facilities
  • Rule 290 - Powers of the Court as regards representatives
  • Rule 291 - Exclusion from the proceedings
  • Rule 292 - Patent attorneys ’ right of audience
  • Rule 293 - Change of a representative
  • Rule 294 - Removal from the register of representatives

CHAPTER 4 - STAY OF PROCEEDINGS

  • Rule 295 - Stay of proceedings
  • Rule 296 - Duration and effects of a stay of proceedings
  • Rule 297 - Resumption of proceedings
  • Rule 298 - Accelerated proceedings before the European Patent Office

CHAPTER 5 - TIME PERIODS

CHAPTER 6 - PARTIES TO PROCEEDINGS

SECTION 1 - PLURALITY OF PARTIES
  • Rule 302 - Plurality of claimants or patents
  • Rule 303 - Plurality of defendants

SECTION 2 - CHANGE IN PARTIES

SECTION 3 - DEATH, DEMISE OR INSOLVENCY OF A PARTY
SECTION 4 - TRANSFER OF PATENT
  • Rule 312 - Transfer of the patent or patent application during proceedings

SECTION 5 - INTERVENTION

  • Rule 313 - Application to intervene
  • Rule 314 - Order on Application to intervene
  • Rule 315 - Statement in intervention
  • Rule 316 - Invitation to intervene
  • Rule 316A - Forced intervention
  • Rule 317 - No appeal against an order on the Application to intervene

SECTION 6 - RE-ESTABLISHMENT OF RIGHTS

CHAPTER 7 - MISCELLANEOUS PROVISIONS ON LANGUAGES

  • Rule 321 - Application by both parties to use of the language in which the patent was granted as language of the proceedings
  • Rule 322 - Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
  • Rule 323 - Application by one party to use the language in which the patent was granted as language of the proceedings
  • Rule 324 - Consequences where the language of the proceedings is changed in the course of the proceedings

CHAPTER 8 - CASE MANAGEMENT

  • Rule 331 - Responsibility for case management
  • Rule 332 - General principles of case management
  • Rule 333 - Review of case management orders
  • Rule 334 - Case management powers
  • Rule 335 - Varying or revoking orders
  • Rule 336 - Exercise of case management powers
  • Rule 337 - Orders of the Court ’s own motion
  • Rule 340 - Connection Joinder

CHAPTER 9 - RULES RELATING TO THE ORGANISATION OF THE COURT

  • Rule 341 - Precedence
  • Rule 342 - Dates, times and place of the sittings of the Court
  • Rule 343 - Order in which actions are to be dealt with
  • Rule 344 - Deliberations
  • Rule 345 - Composition of panels and assignment of actions
  • Rule 346 - Application of Article 7 of the Statute

CHAPTER 10 - DECISIONS AND ORDERS

CHAPTER 11 - DECISION BY DEFAULT

  • Rule 355 - Decision by default (Court of First Instance)
  • Rule 356 - Application to set aside a decision by default
  • Rule 357 - Decision by default (Court of Appeal)
CHAPTER 12 - ACTIONS BOUND TO FAIL OR MANIFESTLY INADMISSIBLE
  • Rule 360 - No need to adjudicate
  • Rule 361 - Action manifestly bound to fail
  • Rule 362 - Absolute bar to proceeding with an action
  • Rule 363 - Orders dismissing manifestly inadmissible claims
CHAPTER 13 - SETTLEMENT
  • Rule 365 - Confirmation by the Court of a settlement

PART 6 - FEES AND LEGAL AID

COURT FEES

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