Rules of Procedure of the Unified Patent Court (RoP)

Rule 32

Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply

1. Within one month of service of an Application to amend the claims, the defendant shall lodge a *Defence to the Application to amend the claims setting out whether he opposes the Application to amend the claims and, if so, why

   • (a) the proposed amendments are not allowable and
     (b) the patent cannot be maintained as requested.

2. Where appropriate in view of the proposed amendments, the Defence to the Application to amend the claims may contain submissions in accordance with Rule 45(d) to (h) and alternative non-infringement submissions.

3. The proprietor may lodge a Reply to the Defence to the Application to amend the claims within one month and the defendant may within one month lodge a Rejoinder to the Reply. The Rejoinder shall be limited to the matters raised in the Reply.

Notes

Status: 15th draft of 31st May 2013