= Rules of Procedure of the Unified Patent Court (RoP) =

== Rule 37 ==

=== Application of [[UPCA_033|Article 33(3)]](3) of the Agreement ===

 1. As soon as practicable after the closure of the written procedure the panel shall decide by way of order how to proceed with respect to the application of [[UPCA_033|Article 33(3)]] of the Agreement. The parties shall be given an opportunity to be heard [Rule [[UPCA_RoP_264|264]] ]. 

 2. The Panel may by order take an earlier decision if appropriate having considered the parties’ pleadings and having given the parties an opportunity to be heard [Rule [[UPCA_RoP_264|264]]]. 
 
 3. Where the panel decides to proceed in accordance with [[UPCA_033|Article 33(3)]](3)(a) of the Agreement, the judge-rapporteur shall request the President of the Court of First Instance to allocate to the panel a technically qualified judge if not already allocated pursuant to Rules [[UPCA_RoP_033|33]] and [[UPCA_RoP_034|34]]. 

 4. Where the panel decides to proceed in accordance with [[UPCA_033|Article 33(3)]](3)(b) of the Agreement, the panel may stay the infringement proceedings pending a final decision in the revocation procedure and shall stay the infringement proceedings where there is a high likelihood that the relevant claims of the patent (or patents) will be held to be invalid on any ground by the final decision in the revocation procedure. 

== Notes ==

'''Status:''' [[UPCA_RoP_15th_Draft|15th draft of 31st May 2013]]