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Rules of Procedure of the Unified Patent Court (RoP)

Rule 194

Examination of the Application for preserving evidence

  1. The Court shall have the discretion to:

    • (a) inform the defendant about the Application and invite him to lodge, within a time period to be specified, an *Objection to the Application for preserving evidence which shall contain

      • (i) the reasons why the Application shall fail,
        (ii) the facts and evidence relied on, in particular any challenge to the facts and evidence relied on by the applicant,
        (iii) where main proceedings on the merits of the case have not yet been started before the Court, the reasons why the action which will be started before the Court shall fail and an indication of the facts and evidence relied on in support;

      (b) summon the parties to an oral hearing;

      (c) summon the applicant to an oral hearing without the presence of the defendant.
      (d) decide the Application without having heard the defendant.

  2. In exercising its discretion, the Court shall take into account

    • (a) the urgency of the action,
      (b) whether the reasons for not hearing the defendant [Rule 192.3 and Rule 197 ] appear well founded,
      (c) the probability that evidence may be destroyed or otherwise cease to be available [Rule 197 ].

  3. The presiding judge may decide that he or the judge-rapporteur or other single judge or the standing judge may decide on the Application.

  4. In cases of extreme urgency the applicant may apply without formality for an order to preserve evidence to the standing judge designated in accordance with Rule 345.5. The standing judge shall decide the procedure to be followed on the Application.

  5. If the Court decides to inform the defendant about the Application the Court will first give the applicant the possibility to withdraw the Application. In the event of such withdrawal the applicant may request that the Court shall order that Application and its contents shall remain confidential.

  6. If the patent the subject of the Application is also the subject of a Protective Letter pursuant to Rule 207 the applicant may withdraw the Application pursuant to paragraph 5.

Notes

Status: 15th draft of 31st May 2013