welcome: please sign in

Rules of Procedure of the Unified Patent Court (RoP)

Rule 30

Application to amend the patent

  1. The Defence to the Counterclaim for revocation may include an *Application by the proprietor of the patent to amend the patent which shall contain
    • (a) the proposed amendments of the claims of the patent concerned and/or specification, including where appropriate one or more alternative sets of claims (auxiliary requests), in the language in which the patent was granted; where the language of the proceedings [Rule 14.2] is not the language in which the patent was granted, the claimant proprietor shall lodge a translation of the proposed amendments in the language of the proceedings, and where the patent is a European patent with unitary effect in the language of the defendant’s domicile if so requested by the defendant
      (b) an explanation as to why the amendments satisfy the requirement of Articles 84 and 123(2) and (3) EPC and why the proposed amended claims are valid,
      (c) an indication whether the proposals are conditional or unconditional; the proposed amendments, if conditional, must be reasonable in number in the circumstances of the case.

  2. Any subsequent request to amend the patent may only be admitted into the proceedings with the permission of the Court.

Notes

Status: 15th draft of 31st May 2013