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 (b) the lodging of a Statement of defence (by the defendant) [Rules [[UPCA_RoP_023|23]]] and [[UPCA_RoP_024|24]]] and, optionally <<BR>>
 (c) the lodging of a Reply to the Statement of defence (by the claimant) [Rule 29] and <<BR>>		  (b) the lodging of a Statement of defence (by the defendant) [Rules [[UPCA_RoP_023|23]] and [[UPCA_RoP_024|24]]] and, optionally <<BR>>
 (c) the lodging of a Reply to the Statement of defence (by the claimant) [Rule [[UPCA_RoP_029|29]]] and <<BR>>
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 (a) the claimant and any proprietor who becomes a party pursuant to Rule [[UPCA_RoP_025|25.3]] (hereinafter in this Rule [[UPCA_RoP_012|12]] and Rules [[UPCA_RoP_029|29]] to [[UPCA_RoP_032|32]], “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule 29], which may include an Application to amend the patent by the proprietor [Rule [[UPCA_RoP_030|30]]]; <<BR>>
 (b) the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 51] and <<BR>>		  (a) the claimant and any proprietor who becomes a party pursuant to Rule [[UPCA_RoP_025|25.3]] (hereinafter in this Rule [[UPCA_RoP_012|12]] and Rules [[UPCA_RoP_029|29]] to [[UPCA_RoP_032|32]], “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule [[UPCA_RoP_029|29]]], which may include an Application to amend the patent by the proprietor [Rule [[UPCA_RoP_030|30]]]; <<BR>>
 (b) the defendant may lodge a Reply to the Defence to the Counterclaim [Rule [[UPCA_RoP_051|51]]] and <<BR>>

Rules of Procedure of the Unified Patent Court (RoP)

Rule 12

Exchange of written pleadings (infringement action)

  1. The written procedure shall consist of
    (a) the lodging of a Statement of claim (by the claimant) [Rule 13]
    (b) the lodging of a Statement of defence (by the defendant) [Rules 23 and 24] and, optionally
    (c) the lodging of a Reply to the Statement of defence (by the claimant) [Rule 29] and
    (d) the lodging of a Rejoinder to the Reply (by the defendant) [Rule 29].

  2. The Statement of defence may include a Counterclaim for revocation [Rule 25.1].

  3. If a Counterclaim for revocation is lodged:
    (a) the claimant and any proprietor who becomes a party pursuant to Rule 25.3 (hereinafter in this Rule 12 and Rules 29 to 32, “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule 29], which may include an Application to amend the patent by the proprietor [Rule 30];
    (b) the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 51] and
    (c) the claimant and the proprietor may lodge a Rejoinder to the Reply to the Defence to the Counterclaim [Rule 52].

  4. If an Application to amend the patent is lodged by the proprietor, the defendant shall lodge a Defence to the Application to amend the patent in the Reply to the Defence to the Counterclaim, the proprietor may lodge a Reply to the Defence to the Application to amend and the defendant may lodge a Rejoinder to such Reply [Rule 32].

  5. The judge-rapporteur may allow the exchange of further written pleadings, within time periods to be specified [Rule 36].

Notes

Status: 15th draft of 31st May 2013