Rule 50 – Contents of the Defence to revocation and Counterclaim for infringement

1. The Defence to revocation shall contain the matters referred to in Rule 24(a) to (c).
Rule 29A(a) to (d) and (f) shall apply mutatis mutandis.

2. Any Application to amend the patent shall contain the matters referred to in Rule 30.1(a), (c) and an
explanation as to why the amendments satisfy the requirements of Articles 84 and 123(2), (3) EPC and
why the proposed amended claims are valid. Rule 30.2 shall apply.

3. Any Counterclaim for infringement shall contain the matters referred to in Rule 13.1(k) to (q).
Rule 13.2 and .3 shall apply.

Case Law:

IPPT20240227, UPC CFI, CD Paris, Meril Italy v Edwards Lifesciences
A request to replace the original application to amend the patent with a new set of amendments is not governed by Rule 263 RoP but falls under Rule 50(2) RoP and pursuant to Rule 30(2) RoP such a subsequent request requires the permission of the Court.