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

At any time during the written procedure and the interim procedure, the judge-rapporteur may, of his own motion or on a request by a party, after consulting the panel, propose to the parties that the language of the proceedings be changed to the language in which the patent was granted, in accordance with Article 49(4) of the Agreement. If the parties and panel agree the language of the proceedings shall be changed.

Relation with Agreement: Article 49(4)

Case Law

IPPT20240506, UPC CFI, LD Paris, Photon Wave v Seoul Viosys
No change of language of proceedings from French to the language of the patent (English) (Rule 322 RoP, Article 49 UPCA). Even though the European patent at issue was granted in English, the plaintiff, a Korean company, chose to bring its action in French, thereby respecting the rights of the defendant, a French company established in France. Neither the nationality of the representative of one of the parties, nor the nationality of the intervening company, constitute serious grounds for proposing a change in the language of the proceedings for reasons of convenience or fairness.

IPPT20240227, UPC CFI, LD Paris, Seoul Viosys v Laser Components
No change of language of proceedings from French to the language of the patent (English) rejected (Rule 322 RoP, Article 49 UPCA). The plaintiff, a Korean company, chose to bring its action in French, which is respectful of the rights of the defendant, a French company established in France. Neither the nationality of the representative of one of the parties, nor the nationality of the company intervening in the proceedings, which it has not been proven at this stage will participate in the proceedings, constitute serious grounds, either for reasons of convenience or for reasons of fairness, for proposing a change in the language of proceedings to the parties. 

IPPT20231103, UPC CFI, LD Munich, Amgen v Sanofi-Aventis

Change of the language of the proceedings from German to English, the language of the patent, subject to the agreement of both parties and the other members of the panel (Rule 322 RoP, article 49 UPCA).