UPC Rules of Procedure
Print this page
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 5 - Lodging of an Application to opt out and 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
PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE
Rule 10 - Stages of the proceedings (inter partes proceedings)
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
Rule 19 – Preliminary objection
Rule 20 – Decision or order on a Preliminary objection
Rule 21 – Appeal against decision or order on 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
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 29A – Contents of the Defence to the Counterclaim
Rule 30 – Application to amend the patent
[...]
Defence to the application to amend the patent
Application for allocating a technically qualified judge to the panel
Rule 33 – Application by a party for allocating a technically qualified judge
Rule 34 – Request by the judge-rapporteur for allocating a technically qualified judge
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 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
Section 2 – Revocation action
Rule 42 – Action to be directed against the patent proprietor
Rule 43 – Exchange of written pleadings (revocation action)
Statement for recovation
Rule 44 – Contents of the Statement for revocation
Rule 45 – Language of the Statement for revocation
Rule 46 – Fee for the revocation action
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 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 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 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 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 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
[...]
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
Rule 108 – Summons to the oral hearing
Rule 109 – Simultaneous interpretation during oral hearings
Rule 110 – Closure of the interim procedure
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 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 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 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 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
[...]
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
Rule 185 – Appointment of a court expert
Rule 186 – Duties of a court expert
Rule 188 – Hearing of a court expert
[...]
CHAPTER 3 – ORDER TO PRODUCE EVIDENCE AND TO COMMUNICATE INFORMATION
ORDER TO PRODUCE EVIDENCE
Rule 190 – 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 194 – Examination of the Application for preserving evidence
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
Rule 199 – Order for inspection
CHAPTER 5 – OTHER EVIDENCE
Rule 200 – Order to freeze assets
Rule 201 – Experiments ordered by the Court
[...]
Rule 205 – Stages of the proceedings (summary proceedings)
Rule 206 – Application for provisional measures
Rule 209 – Examination of the Application for provisional measures
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 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 – Refferral 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
Rule 242 – Decision of the Court of Appeal
[...]
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 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
[...]
CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS
Rule 260 – Examination by the Registry of its own motion
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 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 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
Rule 300 – Calculation of periods
Rule 301 – Automatic extension of 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 on parties
Rule 306 – Consequences for the proceedings
[...]
Section 3 – Death, demise or insolvency of a party
Rule 310 – Death or demise of a party
Rule 311 – Insolvency of a party
Section 4 – Transfer of a 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
Rule 320 – Re-establishment of rights
CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES
Rule 323 – Application by one party to use the language in which the patent was granted as language 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
[...]
CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT
Rule 342 – Dates, times and place of the sittings of the Court
Rule 343 – Order in which actions are to be dealt with
Rule 345 – Composition of panels and assignment of actions
Rule 346 – Application of Article 7 of the Statute
[...]
CHAPTER 10 – DECISIONS AND ORDERS
Rule 352 – Binding effect of decisions or orders subject to security
Rule 353 – Rectification of 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 – COURT FEES AND LEGAL AID
Court fees
Rule 371 – Time periods for paying court fees
[...]
Legal aid
Rule 376 – Costs eligible for legal aid
Rule 376A – Maximum amount to be paid for representation
Rule 377 – Conditions for granting legal aid
Rule 377A – Conditions regarding the financial situation of the applicant
Rule 378 – Application for legal aid
Rule 379 – Examination and decision
Rule 379A – Alteration of economic situation
Rule 380 – Withdrawal of legal aid
Disclaimer
Text in force at 01-09-2022. The text can be verified at unified-patent-court.org.
