= 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 [[UPCA_RoP_017|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 [[UPCA_007|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; <<BR>>

 (b) Rule [[UPCA_RoP_018|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; <<BR>>

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

 (d) Rule [[UPCA_RoP_028|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 [[UPCA_RoP_028|28]] and [[UPCA_RoP_101|101]] ) and set a date, and one alternative date, for the oral hearing. 

== Notes ==

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