Rules of Procedure of the Unified Patent Court (RoP)

Rule 11

At any stage of the proceedings, if the Court is of the opinion that the dispute is suitable for a settlement, it may propose that the parties make use of the facilities of the Patent Mediation and Arbitration Centre (“the Centre”) in order to settle or to explore a settlement of the dispute. In particular the judge–rapporteur shall at the interim conference in accordance with Rule 104(d) explore with the parties the possibility of a settlement, including through mediation and/or arbitration, using the facilities of the Centre.
Pursuant to Rule 365 the Court shall by decision confirm the terms of any settlement, including a term which obliges the patent owner to limit, surrender or agree to the revocation of a patent or not to assert it against the other party and/or third parties. The parties may agree on costs to be awarded or may request the Court to decide on costs to be awarded in accordance with Rules 150 to 156 mutatis mutandis.
Save for the purpose of enforcing the terms of any such settlement agreement by any person no opinion expressed, suggestion made, proposal put forward, concession made or document drawn up for the purposes of settlement may be relied on as evidence by the Court or the parties in proceedings before the Court or any other court unless such matter was expressed to be made on an open basis and freely disclosable to the Court or any other court.

Relation with Agreement: Articles 35, 52(2) and 79

Status: 15th draft of 31st May 2013