Rule 43 – Exchange of written pleadings (revocation action)

Content

1. The written procedure shall consist of: (a) the lodging of a Statement for revocation (by the claimant) [Rule 44]; and (b) the lodging of a Defence to revocation (by the defendant) [Rule 49]; and optionally (c) the lodging of a Reply to the Defence to revocation (by the claimant) [Rule 51]; (d) the lodging of a Rejoinder to the Reply (by the defendant) [Rule 52]. 2. The Defence to revocation may include: (a) an Application to amend the patent; and (b) a Counterclaim for infringement by the proprietor of the patent. 3. If an Application to amend the patent is lodged, the claimant shall lodge a Defence to the Application to amend the patent. The defendant may lodge a Reply to the Defence to the Application. The claimant may lodge a Rejoinder to the Reply. The Rejoinder shall be limited to a response to the matters raised in the Reply. 4. If a Counterclaim for infringement is lodged, the claimant shall lodge a Defence to the Counterclaim for infringement [Rule 56], the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 56.3] and the claimant may lodge a Rejoinder to the Reply [Rule 56.4]. 5. Rule 12.5 shall apply.