Preliminary set of provisions for the Rules of procedure of the Unified Patent Court

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PREAMBLE

Preamble

APPLICATION AND INTERPRETATION OF THE RULES OF PROCEDURE

Rule 1 - Application of the Rules of Procedure

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 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

PART 1 – PROCEDURES BEFORE THE COURT OF FIRST INSTANCE

Rule 10 - Stages of the proceedings (inter partes proceedings)

Rule 11 - Settlement

CHAPTER 1 – WRITTEN PROCEDURE

SECTION 1 – INFRINGEMENT ACTION

Rule 12 - Exchange of written pleadings (infringement action)

STATEMENT OF CLAIM

Rule 13 - Contents of the Statement of claim

Rule 14 - Language of the Statement of claim

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 (Court of First Instance, infringement action)

Rule 18 - Designation of the judge-rapporteur

PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION

Rule 19 - Preliminary objection

Rule 20 - Decision or order on a Preliminary objection

Rule 21 - Appeal against decision or order on a Preliminary objection

VALUE-BASED FEE FOR THE INFRINGEMENT ACTION

Rule 22 - Value-based fee for the infringement action

STATEMENT OF DEFENCE

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

Rule 28 - Further schedule

DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY

Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply

Rule 29a - Contents of the Defence to the counterclaim

Rule 30 - Application to amend the patent

Rule 31 - Value - based fee for the dispute including the Counterclaim for revocation

DEFENCE TO THE APPLICATION TO AMEND THE PATENT

Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply

APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL

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

LAST STEPS IN THE WRITTEN PROCEDURE

Rule 35 - Closure of the written procedure

Rule 36 - Further exchanges of written pleadings

Rule 37 - Application of Article 33(3) of the Agreement

COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(b) OF THE AGREEMENT

Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3) (b) of the Agreement

Rule 39 - Language of the proceedings before the central division

Rule 40 - Accelerated proceedings before the central division

ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(c) OF THE AGREEMENT

Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement

Rule 42 - (void)

SECTION 2 – REVOCATION ACTION

Rule 43 - Action to be directed against the patent proprietor

Rule 44 - Exchange of written pleadings (revocation action)

Rule 45 - Contents of the Statement for revocation

Rule 46 - Language of the Statement for revocation

Rule 47 - Fee for the revocation action

Rule 48 - Recording in the register (Court of First Instance, revocation action)

DEFENCE TO REVOCATION

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 - (void)

Rule 55 - (void)

DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT

Rule 56 - Lodging of the Defence to the Counterclaim for infringement

Rule 57 - Value-based fee for the revocation action

Rule 58 - Value-based fee for the dispute (including the Counterclaim for infringement)

Rule 59 - (void)

SECTION 3 – ACTION FOR DECLARATION OF NON-INFRINGEMENT

Rule 60 - Declaration of non-infringement

Rule 61 - Exchange of written pleadings (action for declaration of non-infringement)

Rule 62 - Contents of the Statement for a declaration of non-infringement

Rule 63 - (void)

Rule 64 - (void)

Rule 65 - Lodging of the Defence to the Statement for a declaration of non-infringement

Rule 66 - Contents of the Defence to the Statement for a declaration of non-infringement

Rule 67 - Reply to Defence to the Statement for a declaration of non-infringement and Defence to Counterclaim and Rejoinder to the Reply

Rule 68 - Fee for the action for a declaration of non-infringement

Rule 69 - Value-based fee for the action for a declaration of non-infringement

SECTION 4 – ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT

Rule 70 - – Revocation actions and subsequent infringement actions in a local or regional division (Article 33(5) of the Agreement).

Rule 71 - Actions for declaration of non-infringement within Article 33(6) of the Agreement

Rule 72 - Action for declaration of non-infringement and action for revocation

Rule 73 - (void)

Rule 74 - (void)

Rule 75 - (void)

Rule 76 - (void)

Rule 77 - (void)

Rule 78 - (void)

Rule 79 - (void)

SECTION 5 – ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257

Rule 80 - Compensation for a licence of right

Rule 81 - (void)

Rule 82 - (void)

Rule 83 - (void)

Rule 84 - (void)

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

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 - (void)

Rule 98 - (void)

Rule 99 - (void)

Rule 100 - (void)

CHAPTER 2 – INTERIM PROCEDURE

Rule 101 - Role of the judge-rapporteur (Case management)

Rule 102 - Referral to the panel

Rule 103 - Preparation for the interim conference

INTERIM CONFERENCE

Rule 104 - Aim of the interim conference

Rule 105 - Telephone conference and video conference

Rule 106 - Recording of the interim conference

Rule 107 - (void)

PREPARATION FOR THE ORAL HEARING

Rule 108 - Summons to the oral hearing

Rule 109 - Simultaneous interpretation during oral hearings

Rule 110 - Closure of the interim procedure

CHAPTER 3 – ORAL 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 120 - (void)

Rule 121 - (void)

Rule 122 - (void)

Rule 123 - (void)

Rule 124 - (void)

CHAPTER 4 – PROCEDURE FOR THE DETERMINATION OF DAMAGES AND COMPENSATION

Rule 125 - Separate proceedings for determining the amount of damages ordered

Rule 126 - Start of proceedings for the determination of damages

Rule 127 - (void)

Rule 128 - (void)

Rule 129 - (void)

Rule 130 - (void)

SECTION 1 – APPLICATION 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 - Value-based fee for the determination of damages

Rule 134 - Examination as to formal requirements of the Application for the determination of damages

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 for the determination of damages

Rule 140 - Further procedure (Application for the determination of damages)

SECTION 2 – REQUEST TO LAY OPEN BOOKS

Rule 141 - Contents of the Request to lay open books

Rule 142 - Defence of the unsuccessful party and Reply to Defence

Rule 143 - Decision on the Request to lay open books

Rule 144 - (void)

Rule 145 - (void)

Rule 146 - (void)

Rule 147 - (void)

Rule 148 - (void)

Rule 149 - (void)

CHAPTER 5 – PROCEDURE FOR COST ORDER

Rule 150 - Separate proceedings for cost order

Rule 151 - Start of proceedings for cost order

Rule 152 - Compensation for representation costs re decision on the merits

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 costs decision

Rule 158 - (void)

Rule 159 - (void)

Rule 160 - (void)

Rule 161 - (void)

Rule 162 - (void)

Rule 163 - (void)

Rule 164 - (void)

Rule 165 - (void)

Rule 166 - (void)

Rule 167 - (void)

Rule 168 - (void)

Rule 169 - (void)

PART 2 – EVIDENCE

Rule 170 - Means of evidence and means of obtaining evidence

Rule 171 - Offering of evidence

Rule 172 - Duty to produce evidence

Rule 173 - (void)

Rule 174 - (void)

CHAPTER 1 – WITNESSES AND EXPERTS OF THE PARTIES

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 182 - (void)

Rule 183 - (void)

Rule 184 - (void)

CHAPTER 2 – COURT EXPERTS

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 189 - (void)

CHAPTER 3 – ORDER TO PRODUCE EVIDENCE AND TO COMMUNICATE INFORMATION

ORDER TO PRODUCE EVIDENCE

Rule 190 - Order to produce evidence

ORDER TO COMMUNICATE INFORMATION

Rule 191 - Application for order to communicate information

CHAPTER 4 - ORDER TO PRESERVE EVIDENCE (SAISIE) AND ORDER FOR INSPECTION

ORDER TO PRESERVE EVIDENCE (Saisie)

Rule 192 - Application for preserving evidence

Rule 193 - Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge

Rule 194 - Examination of the Application for preserving evidence

Rule 195 - Oral hearing

Rule 196 - Decision 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

CHAPTER 5 – OTHER EVIDENCE

Rule 200 - Order to freeze assets

Rule 201 - Experiments ordered by the Court

Rule 202 - Letters rogatory

Rule 203 - void

Rule 204 - void

PART 3 – PROVISIONAL MEASURES

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, designation of judge-rapporteur, single judge

Rule 209 - Examination of the Application for provisional measures

Rule 210 - Oral hearing

Rule 211 - Decision on the Application for provisional measures

Rule 212 - Decision on provisional measures without hearing the defendant

Rule 213 - Revocation of provisional measures

Rule 214 - (void)

Rule 215 - (void)

Rule 216 - (void)

Rule 217 - (void)

Rule 218 - (void)

Rule 219 - (void)

PART 4 – PROCEDURES BEFORE THE COURT OF APPEAL

Rule 220 - Appealable decisions

Rule 221 - Application for leave to appeal

Rule 222 - Subject-matter of the proceedings before the Court of Appeal

Rule 223 - Application for suspensive effect

CHAPTER 1 – WRITTEN PROCEDURE

SECTION 1 – STATEMENT OF APPEAL, STATEMENT OF GROUNDS OF APPEAL

Rule 224 - Time periods for lodging the Statement of appeal and the Statement of grounds of appeal

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

SECTION 2 – STATEMENT OF RESPONSE

Rule 235 - Statement of response

Rule 236 - Contents of the Statement of response

Rule 237 - Statement of cross-appeal

SECTION 3 – REPLY TO A STATEMENT OF CROSS-APPEAL

Rule 238 - Reply to a statement of cross-appeal

CHAPTER 2 – INTERIM PROCEDURE

Rule 239 - Role of the judge-rapporteur

CHAPTER 3 – ORAL PROCEDURE

Rule 240 - Conduct of the oral hearing

Rule 241 - Conduct of the oral hearing for an appeal of a costs order

CHAPTER 4 – DECISIONS AND EFFECT OF DECISIONS

Rule 242 - Decision of the Court of Appeal

Rule 243 - Referral back

Rule 244 - (void)

CHAPTER 5 – PROCEDURE FOR APPLICATION FOR REHEARING

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 - Suspensive effect

Rule 252 - Examination as to formal requirements of the Application for rehearing

Rule 253 - Assignment of Application for rehearing to a panel

Rule 254 - Examination of the Application for rehearing

Rule 255 - (void)

Rule 256 - (void)

Rule 257 - (void)

Rule 258 - (void)

Rule 259 - (void)

PART 5 – GENERAL PROVISIONS

CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS

Rule 260 - Examination by the Registry of its own motion

Rule 261 - Date of pleadings

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 - (void)

Rule 268 - (void)

Rule 269 - (void)

CHAPTER 2 – SERVICE

SECTION 1 – SERVICE WITHIN THE CONTRACTING MEMBER STATES OR BY 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

SECTION 2 – SERVICE OUTSIDE THE CONTRACTING MEMBER STATES

Rule 273 - Scope of this Section

Rule 274 - Service outside the Contracting Member States

SECTION 3 – SERVICE BY AN ALTERNATIVE METHOD

Rule 275 - Service of the Statement of claim by an alternative method or at an alternative place

SECTION 4 – SERVICE OF ORDERS AND DECISIONS

Rule 276 - Service of orders and decisions

Rule 277 - (void)

Rule 278 - Service of other pleadings

Rule 279 - Change of electronic address for service

Rule 280 - (void)

Rule 281 - (void)

Rule 282 - (void)

Rule 283 - (void)

Rule 284 - (void)

CHAPTER 3 – RIGHTS AND OBLIGATIONS OF REPRESENTATIVES

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 - (void)

CHAPTER 4 – STAY OF PROCEEDINGS

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 299 - (void)

CHAPTER 5 – TIME PERIODS

Rule 300 - Calculation of periods

Rule 301 - Automatic extension of periods

CHAPTER 6 – PARTIES TO PROCEEDINGS

SECTION 1 – PLURALITY OF PARTIES

Rule 302 - Plurality of claimants or patents

Rule 303 - Plurality of defendants

Rule 304 - Court fees in the event of plurality of parties

SECTION 2 – CHANGE IN PARTIES

Rule 305 - Change in parties

Rule 306 - Consequences for the proceedings

Rule 307 - (void)

Rule 308 - (void)

Rule 309 - (void)

SECTION 3 – DEATH, DEMISE OR INSOLVENCY OF A PARTY

Rule 310 - Death or demise of a party

Rule 311 - Insolvency of a party

SECTION 4 – TRANSFER OF PATENT

Rule 312 - Transfer of the patent or patent application during proceedings

SECTION 5 – INTERVENTION

Rule 313 - Application to intervene

Rule 314 - Order on Application to intervene

Rule 315 - Statement in intervention

Rule 316 - Invitation to intervene

Rule 317 - No appeal against an order on the Application to intervene

Rule 318 - (void)

Rule 319 - (void)

SECTION 6 – RE-ESTABLISHMENT OF RIGHTS

Rule 320 - Re-establishment of rights

CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES

Rule 321 - Application by both parties to use of the language in which the patent was granted as language of the proceedings

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

Rule 323 - Application by one party to use the language in which the patent was granted as language of the proceedings

Rule 324 - Consequences where the language of the proceedings is changed in the course of the proceedings

Rule 325 - (void)

Rule 326 - (void)

Rule 327 - (void)

Rule 328 - (void)

Rule 329 - (void)

Rule 330 - (void)

CHAPTER 8 – CASE MANAGEMENT (Measures of organisation of procedure)

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 338 - (void)

Rule 339 - (void)

Rule 340 - Connection — Joinder

CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT

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 - Settling difficulties arising as to the application of Article 7 of the Statute

Rule 347 - (void)

Rule 348 - (void)

Rule 349 - (void)

CHAPTER 10 – DECISIONS AND ORDERS

Rule 350 - Decisions

Rule 351 - Orders

Rule 352 - Binding effect subject to security

Rule 353 - Rectification of decisions and orders

Rule 354 - Enforcement

CHAPTER 11 – DECISION BY DEFAULT

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 358 - (void)

Rule 359 - (void)

CHAPTER 12 – ACTIONS BOUND TO FAIL OR MANIFESTLY INADMISSIBLE

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 364 - (void)

CHAPTER 13 – SETTLEMENT

Rule 365 - Confirmation by the Court of a settlement

Rule 366 - (void)

Rule 367 - (void)

Rule 368 - (void)

Rule 369 - (void)

PART 6 – FEES AND LEGAL AID

COURT FEES

Rule 370 - Court fees

Rule 371 - Time periods for paying court fees

Rule 372 - (void)

Rule 373 - (void)

Rule 374 - (void)

LEGAL AID

Rule 375 - Aim and scope

Rule 376 - Costs eligible for legal aid

Rule 377 - Conditions for granting legal aid

Rule 378 - Application for legal aid

Rule 379 - Examination and decision

Rule 380 - Withdrawal of legal aid

Rule 381 - Appeal

Rule 382 - Recovery