= 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 [[UPCA_034|Article 34]](4), [[UPCA_007|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 [[UPCA_RoP_013|13.1]] ](a) to (h), <<BR>>
  (b) where the parties have agreed to bring the action before a local division or a regional division in accordance with [[UPCA_033|Article 33]](7) of the Agreement, an indication of the division which shall hear the action, accompanied by evidence of the defendant's agreement, <<BR>>
  (c) where applicable, an indication that the action shall be heard by a single judge [ [[UPCA_008|Article 8]](7) of the Agreement], accompanied by evidence of the defendant's agreement, <<BR>>
  (d) the declaration sought by the claimant, <<BR>>
  (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, <<BR>>
  (f) an indication of the facts relied on, <<BR>>
  (g) the evidence relied on, where available, and an indication of any further evidence which will be offered in support, <<BR>>
  (h) an indication of any order the claimant will seek at the interim conference [Rule [[UPCA_RoP_104|104]](e)], <<BR>>
  (i) where the claimant assesses that the value of the declaratory action exceeds [EUR***], an indication of the value, <<BR>>
  (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 [[UPCA_RoP_013|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 [[UPCA_RoP_046|46]], [[UPCA_RoP_047|47]] and [[UPCA_RoP_048|48]] relating to the Statement for revocation shall apply ''mutatis mutandis''

Rules [[UPCA_RoP_016|16]] and [[UPCA_RoP_017|17]] on Examination as to formal requirements of the Statement of claim and Recording on the register shall apply ''mutatis mutandis'' 

Rule [[UPCA_RoP_018|18]] on Designation of the judge-rapporteur shall apply ''mutatis mutandis''

Rules [[UPCA_RoP_019|19]], [[UPCA_RoP_020|20]] and [[UPCA_RoP_021|21]] on Procedure when the defendant raises a Preliminary objection shall 
apply ''mutatis mutandis''

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