Rules of Procedure of the Unified Patent Court (RoP)

Rule 45

Contents of the Statement for revocation

1. The claimant shall, subject to point (b), lodge a *Statement for revocation at the Registry in accordance with Article 7(2) of the Agreement and Annex II thereto. The Statement for revocation shall contain

   • (a) particulars in accordance with Rule 13.1(a) to (h),
     (b) where the parties have agreed to bring the action before a regional division or a local division in accordance with Article 33(7) of the Agreement, an indication of the division which shall hear the action, accompanied by evidence of the defendant's agreement,
     (c) where applicable, an indication that the action shall be heard by a single judge [ Article 8(7) of the Agreement], accompanied by evidence of the defendant's agreement,
     (d) an indication of the extent to which revocation of the patent (or patents) is requested,
     (e) one or more grounds for revocation, which shall as far as possible be supported by arguments of law, and where appropriate an explanation of the claimant’s proposed claim construction,
     (f) an indication of the facts relied on,
     (g) the evidence relied on, where available, and an indication of any further evidence which will be offered in support,
     (h) an indication of any order the claimant will seek during the interim procedure [Rule 104(e)].
     (i) where the claimant assesses that the value of the revocation action exceeds [EUR***], an indication of the value,
     (j) a list of the documents referred to in the Statement for revocation together with any request that all or part of any such document need not be translated. Rule 13.3 shall apply mutatis mutandis.

2. The claimant shall at the same time supply a copy of each of the documents referred to in the Statement for revocation.

Notes

Status: 15th draft of 31st May 2013