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Rules of Procedure of the Unified Patent Court (RoP)

Rule 193

Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge

  1. Where main proceedings on the merits of the case have not yet been started before the Court, the Application for preserving evidence shall be dealt with in accordance with Rule 16 (formalities examination by Registry), Rule 17.1(a) to (c) and .2 (date of receipt, recording in the register, action number, assignment to panel) and Rule 18 (designation only of judge-rapporteur by presiding judge).

  2. Where main proceedings on the merits of the case have already been started before the Court, an Application for preserving evidence shall immediately be examined by the Registry in accordance with Rule 16 and forwarded to the panel to which the action has been assigned or to the single judge to whom the action has been assigned [Rules 17.2 and 194.3 and .4].

  3. The judge-rapporteur or single judge deciding on an Application for preserving evidence shall have all necessary powers of the Court.

Notes

Status: 15th draft of 31st May 2013