UPC CoA, 5 September 2024: language of domicile of parties an important factor in case of language change request

President rightly rejected request for a language change. The fact that the claimant and two of the three defendants are domiciled in countries where German is an official languageis an important factor in the decision on an application to use the language of the patent as the language of the proceedings (Art. 49(5) UPCA, R. 323.3 RoP). 

Application for change of language does not have to be included in the Statement of defence. The lodging of the application before the Statement of defence is not precluded.

IPPT20240905, UPC CoA, Advanced Bionics v Med-EL - I