UPC Rules of Procedure - Part 5 - General provisions

CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS 

Rule 260 – Examination by the Registry of its own motion

Rule 261 – Date of pleadings

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 265 – Withdrawal 

Rule 266 – Preliminary references to the Court of Justice of the European Union

Rule 267 – Actions pursuant to Article 22 of the Agreement

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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

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CHAPTER 3 – RIGHTS AND OBLIGATIONS OF REPRESENTATIVES

Rule 284 – Duty of representatives not to misrepresent facts or cases

Rule 285 – Powers of attorney 

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

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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

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Section 2 – Change on parties 

Rule 305 – Change in parties

Rule 306 – Consequences for the proceedings

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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

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Section 6 – Re-establishment of rights 

Rule 320 – Re-establishment of rights

 

CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES 

Rule 321 – Application by both parties to use of the language in which the patent was granted as language of the proceedings

Rule 322 – Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings 

Rule 323 – Application by one party to use the language in which the patent was granted as language of the proceedings 

Rule 324 – Consequences where the language of the proceedings is changed in the course of the proceedings

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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

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Rule 340 – Connection Joinder 

 

CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT

Rule 341 – Precedence 

Rule 342 – Dates, times and place of the sittings of the Court

Rule 343 – Order in which actions are to be dealt with 

Rule 344 – Deliberations 

Rule 345 – Composition of panels and assignment of actions 

Rule 346 – Application of Article 7 of the Statute

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CHAPTER 10 – DECISIONS AND ORDERS

Rule 350 – Decisions 

Rule 351 – Orders 

Rule 352 – Binding effect of decisions or orders subject to security

Rule 353 – Rectification of decisions and orders 

Rule 354 – Enforcement 

 

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)

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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

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CHAPTER 13 – SETTLEMENT 

Rule 365 – Confirmation by the Court of a settlement

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