Rules of Procedure of the Unified Patent Court (RoP)
Examination as to formal requirements of the Statement of claim
The Registry shall as soon as practicable check whether one or more of the patents concerned is the subject of an opt-out pursuant to Article 83(3) of the Agreement and Rule 5. In the event of an opt-out the Registry shall as soon as practicable inform the claimant who shall withdraw or amend the Statement of claim as appropriate.
In the event that the patent(s) concerned are not the subject of an opt-out the Registry shall, as soon as practicable after the lodging of the Statement of claim, examine whether the requirements of Rules 13(a) to (j), 14 and 15.1 have been complied with.
- If the claimant has not complied with the requirements referred to in paragraph 2, the Registry shall as soon as practicable invite the claimant to:
(a) correct the deficiencies within 14 days; and
(b) where applicable, pay the fee for the infringement action within 14 days.
The Registry shall at the same time inform the claimant that if the claimant fails to correct the deficiencies within the time stated a decision by default may be given, in accordance with Rule 355.
- If the claimant fails to correct the deficiencies or pay the fee the Registry shall inform a judge of the division who may reject the action as inadmissible by a decision by default. He may give the claimant an opportunity to be heard beforehand.
The claimant may make an application to set aside the decision by default in accordance with Rule 356.
Status: 15th draft of 31st May 2013