Rule 43 UPCRoP

Exchange of written pleadings (revocation action)

1. The written procedure shall consist of:

   (a) the lodging of a Statement for revocation (by the claimant) [Rule 44]; and

   (b) the lodging of a Defence to revocation (by the defendant) [Rule 49]; and optionally

   (c) the lodging of a Reply to the Defence to revocation (by the claimant) [Rule 51];

   (d) the lodging of a Rejoinder to the Reply (by the defendant) [Rule 52].

2. The Defence to revocation may include:

   (a) an Application to amend the patent; and

   (b) a Counterclaim for infringement by the proprietor of the patent.

3. If an Application to amend the patent is lodged, the claimant shall lodge a Defence to the Application to amend the patent. The defendant may lodge a Reply to the Defence to the Application. The claimant may lodge a Rejoinder to the Reply. The Rejoinder shall be limited to a response to the matters raised in the Reply.

4. If a Counterclaim for infringement is lodged, the claimant shall lodge a Defence to the Counterclaim for infringement [Rule 56], the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 56.3] and the claimant may lodge a Rejoinder to the Reply [Rule 56.4].

5. Rule 12.5 shall apply.