Rules of Procedure of the Unified Patent Court (RoP)

Rule 62

Contents of the Statement for a declaration of non-infringement

1. The claimant shall, subject to point (b), lodge at the Registry in accordance with Article 34(4), Article 7(2) of the Agreement and Annex II thereto, a *Statement for a declaration of noninfringement which 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 local division or a regional 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) the declaration sought by the claimant,
     (e) the reasons why the performance of a specific act does not, or a proposed act would not, constitute an infringement of the patent or patents concerned, including arguments of law and where appropriate on 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 at the interim conference [Rule 104(e)],
     (i) where the claimant assesses that the value of the declaratory action exceeds [EUR***], an indication of the value,
     (j) a list of the documents referred to in the Statement for a declaration 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 a declaration.

Notes

Rules 46, 47 and 48 relating to the Statement for revocation shall apply mutatis mutandis

Rules 16 and 17 on Examination as to formal requirements of the Statement of claim and Recording on the register shall apply mutatis mutandis

Rule 18 on Designation of the judge-rapporteur shall apply mutatis mutandis

Rules 19, 20 and 21 on Procedure when the defendant raises a Preliminary objection shall apply mutatis mutandis

Status: 15th draft of 31st May 2013