Unified Patent Court

Preface 5
1. RULES OF PROCEDURE OF THE UNIFIED PATENT COURT 17
PREAMBLE 18
APPLICATION AND INTERPRETATION OF THE RULES 18
Rule 1 – Application of the Rules and general principles of interpretation 18
Rule 2 – Supplementary protection certificate 19
Rule 3 – Power of staff of the Registry and a sub-registry to perform functions of the Registry 19
Rule 4 – Lodging of documents 19
Rule 5 – Lodging of an Application to opt out and withdrawal of an opt-out 19
Rule 5A – Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out 21
Rule 6 – Service and supply of orders, decisions, written pleadings and other documents 21
Rule 7 – Language of written pleadings and written evidence 21
Rule 8 – Party and party’s representative 22
Rule 9 – Powers of the Court 22

PART 1 – PROCEDURES BEFORE THE COURT OF FIRST INSTANCE 23
Rule 10 – Stages of the proceedings (inter partes proceedings) 23
Rule 11 – Settlement 23
CHAPTER 1 – WRITTEN PROCEDURE 24
SECTION 1 – INFRINGEMENT ACTION 24
Rule 12 – Exchange of written pleadings (infringement action) 24
STATEMENT OF CLAIM 24
Rule 13 – Contents of the Statement of claim 24
Rule 14 – Use of languages under Article 49(1) and (2) of the Agreement 25
Rule 15 – Fee for the infringement action 26
Rule 16 – Examination as to formal requirements of the Statement of claim 26
Rule 17 – Recording in the register and assignment (Court of First Instance,
infringement action) 26
Rule 18 – Designation of the judge-rapporteur 27
PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION 27
Rule 19 – Preliminary objection 27
Rule 20 – Decision or order on a Preliminary objection 28
Rule 21 – Appeal against decision or order on a Preliminary objection 28
VALUE-BASED FEE FOR THE INFRINGEMENT ACTION 28
Rule 22 – Determination of value-based fee for the infringement action 28
STATEMENT OF DEFENCE 28
Rule 23 – Lodging of the Statement of defence 28
Rule 24 – Contents of the Statement of defence 29
Rule 25 – Counterclaim for revocation 29
Rule 26 – Fee for the Counterclaim for revocation 30
Rule 27 – Examination as to formal requirements of the Statement of defence
and Counterclaim for revocation 30
Rule 28 – Further schedule 30
DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY 30
Rule 29 – Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply 30
Rule 29A – Contents of the Defence to the Counterclaim 31
Rule 30 – Application to amend the patent 31
DEFENCE TO THE APPLICATION TO AMEND THE PATENT 32
Rule 32 – Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply 32
APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE
TO THE PANEL 32
Rule 33 – Application by a party for allocating a technically qualified judge 32
Rule 34 – Request by the judge-rapporteur for allocating a technically qualified judge 32
LAST STEPS IN THE WRITTEN PROCEDURE 32
Rule 35 – Closure of the written procedure 32
Rule 36 – Further exchanges of written pleadings 32
Rule 37 – Application of Article 33(3) of the Agreement 33
COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT 33
Rule 38 – Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement 33
Rule 39 – Language of the proceedings before the central division 33
Rule 40 – Accelerated proceedings before the central division 34
ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3) (C) OF THE AGREEMENT 34
Rule 41 – Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement 34
SECTION 2 – REVOCATION ACTION 34
Rule 42 – Action to be directed against the patent proprietor 34
Rule 43 – Exchange of written pleadings (revocation action) 34
STATEMENT FOR REVOCATION 35
Rule 44 – Contents of the Statement for revocation 35
Rule 45 – Language of the Statement for revocation 35
Rule 46 – Fee for the revocation action 35
Rule 47 – Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur 36
Rule 48 – Preliminary objection 36
DEFENCE TO REVOCATION 36
Rule 49 – Lodging of the Defence to revocation 36
Rule 50 – Contents of the Defence to revocation and Counterclaim for infringement 36
Rule 51 – Reply to Defence to revocation 36
Rule 52 – Rejoinder to the Reply 36
Rule 53 – Fee for the Counterclaim for infringement 36
Rule 54 – Examination as to formal requirements and further schedule 36
DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT 37
Rule 55 – Lodging of the Defence to the Application to amend the patent, the
Reply to the Defence and the Rejoinder to the Reply 37
Rule 56 – Lodging of the Defence to the Counterclaim for infringement 37
Rule 57 – Request for allocating a technically qualified judge 37
Rule 58 – Closure of the written procedure subject to the possible exchange of further pleadings 37
Rule 60 – Determination of the value-based fee for the Counterclaim for infringement 37
SECTION 3 – ACTION FOR DECLARATION OF NON-INFRINGEMENT 37
Rule 61 – Declaration of non-infringement 37
Rule 62 – Exchange of written pleadings (action for declaration of noninfringement) 38
Rule 63 – Contents of the Statement for a declaration of non-infringement 38
Rule 64 – Language of the Statement for a declaration of non-infringement 38
Rule 65 – Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur 39
Rule 66 – Preliminary objection 39
Rule 67 – Lodging of the Defence to the Statement for a declaration of noninfringement 39
Rule 68 – Contents of the Defence to the Statement for a declaration of noninfringement 39
Rule 69 – Reply to Defence to the Statement for a declaration of noninfringement and Rejoinder to the Reply 39
Rule 70 – Fee for the action for a declaration of non-infringement 39
Rule 71 – Examination as to formal requirements and further schedule 39
Rule 72 – Request for allocating a technically qualified judge 39
Rule 73 – Closure of the written procedure subject to the possible exchange of further pleadings 39
Rule 74 – Value-based fee for the action for a declaration of non-infringement 39
SECTION 4 – ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT 40
Rule 75 – Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement) 40
Rule 76 – Actions for declaration of non-infringement within Article 33(6) of the Agreement 40
Rule 77 – Action for declaration of non-infringement and action for revocation 40
SECTION 5 – ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012 41
Rule 80 – Compensation for a licence of right 41
SECTION 6 – ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012 41
Rule 85 – Stages of the proceedings (ex parte proceedings) 41
Rule 86 – Suspensive effect 41
Rule 87 – Grounds for annulling or altering a decision of the Office 41
Rule 88 – Application to annul or alter a decision of the Office 41
Rule 89 – Examination as to formal requirements (ex parte proceedings) 42
Rule 90 – Recording in the register (ex parte proceedings) 42
Rule 91 – Interlocutory revision by the European Patent Office 43
Rule 92 – Assignment to panel or to single judge, designation of judge-rapporteur 43
Rule 93 – Examination of the Application to annul or alter a decision of the Office 43
Rule 94 – Invitation to the President of the European Patent Office to comment 43
Rule 95 – Lex specialis for the interim procedure (ex parte procedure) 43
Rule 96 – Lex specialis for the oral procedure (ex parte procedure) 43
Rule 97 – Application to annul a decision of the Office to reject a request for unitary effect 43
Rule 98 – Costs 44
CHAPTER 2 – INTERIM PROCEDURE 44
Rule 101 – Role of the judge-rapporteur (Case management) 44
Rule 102 – Referral to the panel 44
Rule 103 – Preparation for the interim conference 44
INTERIM CONFERENCE 45
Rule 104 – Aim of the interim conference 45
Rule 105 – Holding the interim conference 45
Rule 106 – Recording of the interim conference 46
PREPARATION FOR THE ORAL HEARING 46
Rule 108 – Summons to the oral hearing 46
Rule 109 – Simultaneous interpretation during oral hearings 46
Rule 110 – Closure of the interim procedure 46
CHAPTER 3 – ORAL PROCEDURE 47
Rule 111 – Role of the presiding judge (Case management) 47
Rule 112 – Conduct of the oral hearing 47
Rule 113 – Duration of the oral hearing 47
Rule 114 – Adjournment where the Court considers that further evidence is required 47
Rule 115 – The oral hearing 47
Rule 116 – Absence of a party from the oral hearing 48
Rule 117 – Absence of both parties from the oral hearing 48
Rule 118 – Decision on the merits 48
Rule 119 – Interim award of damages 49
CHAPTER 4 – PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION 49
Rule 125 – Separate proceedings for determining the amount of damages ordered 49
Rule 126 – Start of proceedings for the determination of damages 49
SECTION 1 – APPLICATION FOR THE DETERMINATION OF DAMAGES 49
Rule 131 – Contents of the Application for the determination of damages 49
Rule 132 – Fee for the Application for the determination of damages 50
Rule 133 – Determination of the value-based fee for the determination of damages 50
Rule 134 – Examination as to formal requirements of the Application for the determination of damages 50
Rule 135 – Recording in the register (Application for the determination of damages) and service 50
Rule 136 – Stay of the Application for a determination of damages 50
Rule 137 – Reply of the unsuccessful party 51
Rule 138 – Contents of the Defence to the Application for the determination of damages 51
Rule 139 – Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply 51
Rule 140 – Further procedure (Application for the determination of damages) 51
SECTION 2 – REQUEST TO LAY OPEN BOOKS 51
Rule 141 – Contents of the Request to lay open books 51
Rule 142 – Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply 52
Rule 143 – Further procedure 52
Rule 144 – Decision on the Request to lay open books 52
CHAPTER 5 – PROCEDURE FOR COST DECISION 52
Rule 150 – Separate proceedings for cost decision 52
Rule 151 – Start of proceedings for cost decision 52
Rule 152 – Compensation for representation costs 53
Rule 153 – Compensation for costs of experts 53
Rule 154 – Compensation for costs of witnesses 53
Rule 155 – Compensation for costs of interpreters and translators 53
Rule 156 – Further procedure 53
Rule 157 – Appeal against the cost decision 53
CHAPTER 6 – SECURITY FOR COSTS 53
Rule 158 – Security for costs of a party 53
Rule 159 – Security for costs of the Court 54
PART 2 – EVIDENCE 54
Rule 170 – Means of evidence and means of obtaining evidence 54
Rule 171 – Offering of evidence 54
Rule 172 – Duty to produce evidence 55
Rule 173 – Judicial Cooperation in the taking of evidence 55
CHAPTER 1 – WITNESSES AND EXPERTS OF THE PARTIES 55
Rule 175 – Written witness statement 55
Rule 176 – Application for the hearing of a witness in person 55
Rule 177 – Summoning of witnesses to the oral hearing 55
Rule 178 – Hearing of witnesses 56
Rule 179 – Duties of witnesses 56
Rule 180 – Reimbursement of expenses of witnesses 56
Rule 181 – Experts of the parties 56
CHAPTER 2 – COURT EXPERTS 57
Rule 185 – Appointment of a court expert 57
Rule 186 – Duties of a court expert 57
Rule 187 – Expert report 58
CHAPTER 3 – ORDER TO PRODUCE EVIDENCE AND TO COMMUNICATE INFORMATION 58
ORDER TO PRODUCE EVIDENCE 58
Rule 190 – Order to produce evidence 58
ORDER TO COMMUNICATE INFORMATION 59
Rule 191 – Application for order to communicate information 59
CHAPTER 4 – ORDER TO PRESERVE EVIDENCE (SAISIE) AND ORDER FOR INSPECTION 59
ORDER TO PRESERVE EVIDENCE (SAISIE) 59
Rule 192 – Application for preserving evidence 59
Rule 193 – Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge 59
Rule 194 – Examination of the Application for preserving evidence 60
Rule 195 – Oral hearing 60
Rule 196 – Order on the Application for preserving evidence 61
Rule 197 – Order to preserve evidence without hearing the defendant 61
Rule 198 – Revocation of an order to preserve evidence 62
ORDER FOR INSPECTION 62
Rule 199 – Order for inspection 62
CHAPTER 5 – OTHER EVIDENCE 62
Rule 200 – Order to freeze assets 62
Rule 201 – Experiments ordered by the Court 62
PART 3 – PROVISIONAL MEASURES 63
Rule 205 – Stages of the proceedings (summary proceedings) 63
Rule 206 – Application for provisional measures 63
Rule 207 – Protective letter 64
Rule 208 – Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge 65
Rule 209 – Examination of the Application for provisional measures 65
Rule 210 – Oral hearing 66
Rule 211 – Order on the Application for provisional measures 66
Rule 212 – Order on provisional measures without hearing the defendant 67
Rule 213 – Revocation of provisional measures 67
PART 4 – PROCEDURES BEFORE THE COURT OF APPEAL 67
Rule 220 – Appealable decisions 67
Rule 221 – Application for leave to appeal against cost decisions 68
Rule 222 – Subject-matter of the proceedings before the Court of Appeal 68
Rule 223 – Application for suspensive effect 68
CHAPTER 1 – WRITTEN PROCEDURE 69
SECTION 1 – STATEMENT OF APPEAL, STATEMENT OF GROUNDS OF APPEAL 69
Rule 224 – Time periods for lodging the Statement of appeal and the Statement of grounds of appeal 69
Rule 225 – Contents of the Statement of appeal 69
Rule 226 – Contents of the Statement of grounds of appeal 69
Rule 227 – Language of the Statement of appeal and of the Statement of grounds of appeal 69
Rule 228 – Fee for the appeal 69
Rule 229 – Examination as to formal requirements of the Statement of appeal 70
Rule 230 – Recording in the register (Court of Appeal) 70
Rule 231 – Designation of the judge-rapporteur 70
Rule 232 – Translation of file 70
Rule 233 – Preliminary examination of the Statement of grounds of appeal 71
Rule 234 – Challenge to the decision to reject an appeal as inadmissible 71
SECTION 2 – STATEMENT OF RESPONSE 71
Rule 235 – Statement of response 71
Rule 236 – Contents of the Statement of response 71
Rule 237 – Statement of cross-appeal 71
SECTION 3 – REPLY TO A STATEMENT OF CROSS-APPEAL 72
Rule 238 – Reply to a Statement of cross-appeal and further schedule 72
SECTION 4 – REFERRAL TO THE FULL COURT 72
Rule 238A – Decision to refer 72
CHAPTER 2 – INTERIM PROCEDURE 72
Rule 239 – Role of the judge-rapporteur 72
CHAPTER 3 – ORAL PROCEDURE 73
Rule 240 – Conduct of the oral hearing 73
Rule 241 – Conduct of the oral hearing for an appeal of a cost decision 73
CHAPTER 4 – DECISIONS AND EFFECT OF DECISIONS 73
Rule 242 – Decision of the Court of Appeal 73
Rule 243 – Referral back 73
CHAPTER 5 – PROCEDURE FOR APPLICATION FOR REHEARING 73
Rule 245 – Lodging of an Application for rehearing 73
Rule 246 – Contents of the Application for rehearing 74
Rule 247 – Fundamental procedural defects 74
Rule 248 – Obligation to raise objections 74
Rule 249 – Definition of criminal offence 74
Rule 250 – Fee for the rehearing 74
Rule 251 – Recording in the register 74
Rule 252 – Suspensive effect 75
Rule 253 – Examination as to formal requirements of the Application for rehearing 75
Rule 254 – Assignment of Application for rehearing to a panel 75
Rule 255 – Examination of the Application for rehearing 75
PART 5 – GENERAL PROVISIONS 75
CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS 75
Rule 260 – Examination by the Registry of its own motion 75
Rule 261 – Date of pleadings 76
Rule 262 – Public access to the register 76
Rule 262A – Protection of Confidential Information 76
Rule 263 – Leave to change claim or amend case 77
Rule 264 – An opportunity to be heard 77
Rule 265 – Withdrawal 77
Rule 266 – Preliminary references to the Court of Justice of the European Union 77
Rule 267 – Actions pursuant to Article 22 of the Agreement 78
CHAPTER 2 – SERVICE 78
SECTION 1 – SERVICE WITHIN THE CONTRACTING MEMBER STATES 78
Rule 270 – Scope of this Section 78
Rule 271 – Service of the Statement of claim 78
Rule 272 – Notice of service and non-service of the Statement of claim 79
SECTION 2 – SERVICE OUTSIDE THE CONTRACTING MEMBER STATES 80
Rule 273 – Scope of this Section 80
Rule 274 – Service outside the Contracting Member States 80
SECTION 3 – SERVICE BY AN ALTERNATIVE METHOD 80
Rule 275 – Service of the Statement of claim by an alternative method or at an alternative place 80
SECTION 4 – SERVICE OF ORDERS, DECISIONS AND WRITTEN PLEADINGS 80
Rule 276 – Service of orders and decisions 80
Rule 277 – Decisions by default under Part 5, Chapter 11 81
Rule 278 – Service of written pleadings and other documents 81
Rule 279 – Change of electronic address for service 81
CHAPTER 3 – RIGHTS AND OBLIGATIONS OF REPRESENTATIVES 81
Rule 284 – Duty of representatives not to misrepresent facts or cases 81
Rule 285 – Powers of attorney 81
Rule 286 – Certificate that a representative is authorised to practice before the Court 82
Rule 287 – Attorney-client privilege 82
Rule 288 – Litigation privilege 82
Rule 289 – Privileges, immunities and facilities 83
Rule 290 – Powers of the Court as regards representatives 83
Rule 291 – Exclusion from the proceedings 83
Rule 292 – Patent attorneys’ right of audience 83
Rule 293 – Change of a representative 84
Rule 294 – Removal from the register of representatives 84
CHAPTER 4 – STAY OF PROCEEDINGS 84
Rule 295 – Stay of proceedings 84
Rule 296 – Duration and effects of a stay of proceedings 84
Rule 297 – Resumption of proceedings 85
Rule 298 – Accelerated proceedings before the European Patent Office 85
CHAPTER 5 – TIME PERIODS 85
Rule 300 – Calculation of periods 85
Rule 301 – Automatic extension of periods 85
CHAPTER 6 – PARTIES TO PROCEEDINGS 86
SECTION 1 – PLURALITY OF PARTIES 86
Rule 302 – Plurality of claimants or patents 86
Rule 303 – Plurality of defendants 86
SECTION 2 – CHANGE IN PARTIES 86
Rule 305 – Change in parties 86
Rule 306 – Consequences for the proceedings 86
SECTION 3 – DEATH, DEMISE OR INSOLVENCY OF A PARTY 86
Rule 310 – Death or demise of a party 86
Rule 311 – Insolvency of a party 87
SECTION 4 – TRANSFER OF PATENT 87
Rule 312 – Transfer of the patent or patent application during proceedings 87
SECTION 5 – INTERVENTION 87
Rule 313 – Application to intervene 87
Rule 314 – Order on Application to intervene 88
Rule 315 – Statement in intervention 88
Rule 316 – Invitation to intervene 88
Rule 316A – Forced intervention 88
Rule 317 – No appeal against an order on the Application to intervene 89
SECTION 6 – RE-ESTABLISHMENT OF RIGHTS 89
Rule 320 – Re-establishment of rights 89
CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES 89
Rule 321 – Application by both parties to use of the language in which the patent was granted as language of the proceedings 89
Rule 322 – Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings 90
Rule 323 – Application by one party to use the language in which the patent was granted as language of the proceedings 90
Rule 324 – Consequences where the language of the proceedings is changed in the course of the proceedings 90
CHAPTER 8 – CASE MANAGEMENT 90
Rule 331 – Responsibility for case management 90
Rule 332 – General principles of case management 90
Rule 333 – Review of case management orders 91
Rule 334 – Case management powers 91
Rule 335 – Varying or revoking orders 91
Rule 336 – Exercise of case management powers 91
Rule 337 – Orders of the Court’s own motion 91
Rule 340 – Connection Joinder 92
CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT 92
Rule 341 – Precedence 92
Rule 342 – Dates, times and place of the sittings of the Court 92
Rule 343 – Order in which actions are to be dealt with 92
Rule 344 – Deliberations 92
Rule 345 – Composition of panels and assignment of actions 93
Rule 346 – Application of Article 7 of the Statute 93
CHAPTER 10 – DECISIONS AND ORDERS 94
Rule 350 – Decisions 94
Rule 351 – Orders 94
Rule 352 – Binding effect of decisions or orders subject to security 94
Rule 353 – Rectification of decisions and orders 94
Rule 354 – Enforcement 95
CHAPTER 11 – DECISION BY DEFAULT 95
Rule 355 – Decision by default (Court of First Instance) 95
Rule 356 – Application to set aside a decision by default 95
Rule 357 – Decision by default (Court of Appeal) 96
CHAPTER 12 – ACTIONS BOUND TO FAIL OR MANIFESTLY INADMISSIBLE 96
Rule 360 – No need to adjudicate 96
Rule 361 – Action manifestly bound to fail 96
Rule 362 – Absolute bar to proceeding with an action 96
Rule 363 – Orders dismissing manifestly inadmissible claims 96
CHAPTER 13 – SETTLEMENT 96
Rule 365 – Confirmation by the Court of a settlement 96
PART 6 – FEES AND LEGAL AID 97
COURT FEES 97
Rule 370 – Court fees 97
Rule 371 – Time periods for paying court fees 99
LEGAL AID 99
Rule 375 – Aim and scope 99
Rule 376 – Costs eligible for legal aid 99
Rule 376A – Maximum amount to be paid for representation 100
Rule 377 – Conditions for granting legal aid 100
Rule 377A – Conditions regarding the financial situation of the applicant 100
Rule 378 – Application for legal aid 100
Rule 378A – Type of proof 101
Rule 379 – Examination and decision 101
Rule 379A – Alteration of economic situation 102
Rule 380 – Withdrawal of legal aid 102
Rule 381 – Appeal 102
Rule 382 – Recovery 103
2. UPC AGREEMENT 105
3. SET-UP OF LOCAL AND REGIONAL DIVISIONS OF THE COURT OF FIRST INSTANCE OF THE UNIFIED PATENT COURT 141
4. RULES ON THE EUROPEAN PATENT LITIGATION CERTIFICATE AND OTHER APPROPRIATE QUALIFICATIONS 143
5. RULES RELATING TO UNITARY PATENT PROTECTION 149
6. RULES RELATING TO FEES FOR UNITARY PATENT PROTECTION 159
7. EU REGULATION NO 1257/2012 161
8. EU REGULATION NO 1260/2012 171