UPC Rules of Procedure

The complete Rules of Procedure of the Unified Patent Court, with expert commentary and cross-references to relevant case law decisions.

All Provisions (303)

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 4 – Lodging of documents
Rule 5 – Lodging of an Application to opt out and withdrawal of an opt-out
Rule 5A – Application to remove an unauthorised application to opt out or unauthorised
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
Rule 9 – Powers of the Court
Rule 10 – Stages of the proceedings (inter partes proceedings)
Rule 11 – Settlement
Rule 12 – Exchange of written pleadings (infringement action)
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
Rule 19 – Preliminary objection
Rule 20 – Decision or order on a Preliminary objection
Rule 21 – Appeal against decision or order on a Preliminary objection
Rule 22 – Determination of value-based fee for the infringement action
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
Rule 27 – Examination as to formal requirements of the Statement of defence and Counterclaim
Rule 28 – Further schedule
Rule 29A – Contents of the Defence to the Counterclaim
Rule 29 – Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of
Rule 30 – Application to amend the patent
Rule 32 – Lodging of the Defence to the Application to amend the patent, the Reply to the Defence
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
Rule 35 – Closure of the written procedure
Rule 36 – Further exchanges of written pleadings
Rule 37 – Application of Article 33(3) of the Agreement
Rule 38 – Written procedure when the central division deals with a Counterclaim for revocation
Rule 39 – Language of the proceedings before the central division
Rule 40 – Accelerated proceedings before the central division
Rule 41 – Written procedure when the central division deals with the action under Article 33(3)(c)
Rule 42 – Action to be directed against the patent proprietor
Rule 43 – Exchange of written pleadings (revocation action)
Rule 44 – Contents of the Statement for revocation
Rule 45 – Language of the Statement for revocation
Rule 46 – Fee for the revocation action
Rule 47 – Examination as to formal requirements, recording in the register, assignment (Court of
Rule 48 – Preliminary objection
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
Rule 55 – Lodging of the Defence to the Application to amend the patent, the Reply to the Defence
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
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 65 – Examination as to formal requirements, recording in the register, assignment and
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 69 – Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder
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
Rule 75 – Revocation action and subsequent infringement action in a local or regional division
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
Rule 80 – Compensation for a licence of right
Rule 85 – Stages of the proceedings (ex parte proceedings)
Rule 86 – Suspensive effect
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
Rule 98 – Costs
Rule 101 – Role of the judge-rapporteur (Case management)
Rule 102 – Referral to the panel
Rule 103 – Preparation for the interim conference
Rule 104 – Aim of the interim conference
Rule 105 – Holding the interim conference
Rule 106 – Recording of the interim conference
Rule 108 – Summons to the oral hearing
Rule 109 – Simultaneous interpretation during oral hearings
Rule 110 – Closure of the interim 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 115 – The oral hearing
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
Rule 125 – Separate proceedings for determining the amount of damages ordered
Rule 126 – Start of proceedings 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
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 139 – Reply to the Defence to the Application for the determination of damages and
Rule 140 – Further procedure (Application for the determination of damages)
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 143 – Further procedure
Rule 144 – Decision on the Request to lay open books
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 156 – Further procedure
Rule 157 – Appeal against the cost decision
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
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
Rule 185 – Appointment of a court expert
Rule 186 – Duties of a court expert
Rule 187 – Expert report
Rule 188 – Hearing of a court expert
Rule 190 – Order to produce evidence
Rule 191 – Application for order to communicate information
Rule 192 – Application for preserving evidence
Rule 193 – Examination as to formal requirements, recording in the register, assignment to panel,
Rule 194 – Examination of the Application for preserving evidence
Rule 195 – Oral hearing
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
Rule 199 – Order for inspection
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 207 – Protective letter
Rule 208 – Examination as to formal requirements, recording in the register, assignment to panel,
Rule 209 – Examination of the Application for provisional measures
Rule 210 – Oral hearing
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
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
Rule 224 – Time periods for lodging the Statement of appeal and the Statement of grounds of
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 228 – Fee for the 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
Rule 235 – Statement of response
Rule 236 – Contents of the Statement of response
Rule 237 – Statement of cross-appeal
Rule 238A – Decision to refer
Rule 238 – Reply to a Statement of cross-appeal and further schedule
Rule 239 – Role of the judge-rapporteur
Rule 240 – Conduct of the oral hearing
Rule 241 – Conduct of the oral hearing for an appeal of a cost decision
Rule 242 – Decision of the Court of Appeal
Rule 243 – Referral back
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 252 – Suspensive effect
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
Rule 260 – Examination by the Registry of its own motion
Rule 261 – Date of pleadings
Rule 262A – Protection of Confidential Information
Rule 262 – Public access to the register
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
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
Rule 273 – Scope of this Section
Rule 274 – Service outside the Contracting Member States
Rule 275 – Service of the Statement of claim by an alternative method or at an alternative place
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
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
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
Rule 300 – Calculation of periods
Rule 301 – Automatic extension of periods
Rule 302 – Plurality of claimants or patents
Rule 303 – Plurality of defendants
Rule 305 – Change in parties
Rule 306 – Consequences for the proceedings
Rule 310 – Death or demise of a party
Rule 311 – Insolvency of a party
Rule 312 – Transfer of the patent or patent application during proceedings
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
Rule 320 – Re-establishment of rights
Rule 321 – Application by both parties to use of the language in which the patent was granted as
Rule 322 – Proposal from the judge-rapporteur to use of the language in which the patent was
Rule 323 – Application by one party to use the language in which the patent was granted as
Rule 324 – Consequences where the language of the proceedings is changed in the course of the
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
Rule 340 – Connection Joinder
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
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
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)
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
Rule 365 – Confirmation by the Court of a settlement
Rule 370 – Court fees
Rule 371 – Time periods for paying court fees
Rule 375 – Aim and scope
Rule 376 – Costs eligible for legal aid
Rule 376A – Maximum amount to be paid for representation
Rule 377A – Conditions regarding the financial situation of the applicant
Rule 377 – Conditions for granting legal aid
Rule 378 – Application for legal aid
Rule 378A – Type of proof
Rule 379 – Examination and decision
Rule 379A – Alteration of economic situation
Rule 380 – Withdrawal of legal aid
Rule 381 – Appeal
Rule 382 – Recovery