Rules of Procedure of the Unified Patent Court (RoP)

Rule 44

Exchange of written pleadings (revocation action)

1. The written procedure shall consist of

   • (a) the lodging of a Statement for revocation (by the claimant) [Rule 45] and
     (b) the lodging of a Defence to revocation (by the defendant) [Rule 49] and optionally
     (c) the lodging of a Reply to the Defence to revocation by the claimant [Rule 51]
     (d) the lodging of a Rejoinder to the Reply by the defendant [Rule 52]

2. The Defence to revocation may include

   • (a) an Application to amend the patent and
     (b) a Counterclaim for infringement by the proprietor of the patent or by an exclusive licensee of the proprietor.

3. If an Application to amend the patent is lodged, the defendant shall lodge a Defence to the Application to amend the patent.

4. If a Counterclaim for infringement is lodged, the claimant shall lodge a Defence to the Counterclaim for infringement [Rule 56], the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 56.3 ] and the claimant may lodge a Rejoinder to the Reply [Rule 56.4].

5. Rule 112.5 shall apply

Notes

Status: 15th draft of 31st May 2013