UPC Rules of Procedure - Part 1 - Procedures before the Court of First Instance
Print this pageRule 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
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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
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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
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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
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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
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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
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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
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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
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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
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