Rules of Procedure of the Unified Patent Court (RoP)

Rule 38

Written procedure when the central division deals with a Counterclaim for revocation under [[UPCA_033|Article 33]](3) (b) of the Agreement

When a Counterclaim for revocation is referred to the central division, it shall be dealt with as follows:

• (a) Rule 17.2 shall apply mutatis mutandis: the President of the Court of First Instance shall assign the Counterclaim for revocation to a panel of the central division in accordance with Article 7(2) of the Agreement and Annex II thereto. The parties may request that the Counterclaim be heard by a single legally qualified judge;
  

  (b) Rule 18 shall apply mutatis mutandis: the presiding judge of the panel to which the Counterclaim for revocation has been assigned shall designate one legally qualified judge of the panel as judge-rapporteur;
  

  (c) The judge-rapporteur shall give any further directions necessary for the future conduct of the written procedure before the central division;
  

  (d) Rule 28 shall apply mutatis mutandis: the judge-rapporteur shall after consulting the parties set a date and a time for the interim conference (where necessary, Rules 28 and 101 ) and set a date, and one alternative date, for the oral hearing.

Notes

Status: 15th draft of 31st May 2013