Rule 12 UPCRoP

Exchange of written pleadings (infringement action)

1. The written procedure shall consist of:

   (a) the lodging of a Statement of claim (by the claimant) [Rule 13];

   (b) the lodging of a Statement of defence (by the defendant) [Rules 23 and 24];and, optionally

   (c) the lodging of a Reply to the Statement of defence (by the claimant) [Rule 29 (b)]; and

   (d) the lodging of a Rejoinder to the Reply (by the defendant) [Rule 29 (c)].

2. The Statement of defence may include a Counterclaim for revocation [Rule 25.1].

3. If a Counterclaim for revocation is lodged:

   (a) the claimant and any proprietor who becomes a party pursuant to Rule 25.2 (hereinafter in this Rule 12 and Rules 29 to 32, “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule 29(a)], which may include an Application to amend the patent by the proprietor [Rule 30];

   (b) the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 29(d)]; and

   (c) the claimant and the proprietor may lodge a Rejoinder to the Reply to the Defence to the Counterclaim [Rule 29(e)].

4. If an Application to amend the patent is lodged by the proprietor, the defendant shall lodge a Defence to the Application to amend the patent in the Reply to the Defence to the Counterclaim, the proprietor may lodge a Reply to the Defence to the Application to amend and the defendant may lodge a Rejoinder to such Reply [Rule 32].

5. The judge-rapporteur may allow the exchange of further written pleadings, within time periods to be specified [Rule 36].