Rules of Procedure of the Unified Patent Court (RoP)

Rule 19

Preliminary objection

  1. Within one month of service of the Statement of claim, the defendant may lodge a Preliminary objection concerning

    • (a) the jurisdiction and competence of the Court,
      (b) the competence of the division indicated by the claimant [Rule 13.1(i)],
      (c) the language of the Statement of claim [Rule 14].

  2. A *Preliminary objection shall contain

    • (a) particulars in accordance with Rule 24.1(a) to (c),
      (b) the decision or order sought by the defendant,
      (c) the grounds upon which the Preliminary objection is based,
      (d) where appropriate the facts and evidence relied on.

  3. The Preliminary objection shall be drawn up

    • (a) in the language of the proceedings [Rule 14.2] or
      (b) in an official language of the Contracting Member State where the defendant has his residence, or principal place of business, or in the absence of residence or principal place of business, place of business.

  4. If the action has been commenced before a regional division the defendant may by a Preliminary objection request a transfer of the action to the central division pursuant to Article 33(2) of the Agreement. The Preliminary objection shall in such a case contain all facts and evidence supporting the existence of the same infringement in three or more regional divisions.

  5. The Registry shall as soon as practicable invite the claimant to comment on the Preliminary objection. Where applicable, the claimant may of his own motion correct any deficiency [Rule 19.1(b) or (c)], within 14 days of service of notification of the Preliminary objection. Alternatively the claimant may submit written comments within the same period. The judge-rapporteur shall be informed of any correction made or written comments submitted by the claimant.

  6. The period for lodging the Statement of defence [Rule 23] shall not be affected by the lodging of a Preliminary objection, unless the judge-rapporteur decides otherwise.

  7. The defendant’s failure to lodge a Preliminary objection within the time period referred to in Rule 19.1 shall be treated as a submission to the jurisdiction and competence of the Court and the competence of the division chosen by the claimant.

Notes

Status: 15th draft of 31st May 2013