Rules of Procedure of the Unified Patent Court (RoP)
Rule 271
Service of the Statement of claim
- The Registry may serve the Statement of claim on the defendant at an electronic address which the defendant has provided for the purpose of service in the proceedings.
- Where claimant
(a) the defendant has provided the electronic address of a representative as an address at which the defendant may be served with the Statement of Claim or
(b) a representative acting for the defendant has notified the Registry or the claimant that he accepts service of the Statement of Claim on behalf of the defendant at an electronic address, the Registry may serve the Statement of Claim at the electronic address of that representative,
(c) for the purpose of serving a Statement for revocation (Rule 41) or of serving a Statement for declaration of non-infringement (Rule 60), reference to representative under (a) or (b) shall additionally include professional representatives and legal practitioners as defined in Article 134 EPC who are recorded as the appointed representative for the European patent or patents with unitary effect, the subject of the proceedings, in the register for unitary patent protection (regulation (EU) No 1257/2012, Article [UPCA_002|2]](e)).
- Where service by means of electronic communication cannot be effected, the Registry shall serve the Statement of claim on the defendant by
(a) registered letter with advice of delivery;
(b) fax, or
(c) any method authorised by the Court under Rule 275.
- Service under Rule 271.3(a) shall be effected at the following place:
(a) where the defendant is a company or other legal person, at its statutory seat, central administration or principal place of business within the Contracting Member States or at any place within the Contracting Member States where the company or other legal person has a place of business
(b) where the defendant is an individual: at his usual or last known residence within the Contracting Member States.
(c) for the purpose of serving a Statement for revocation (Rule 41) or of serving a Statement for a declaration of non-infringement (Rule 60), at the place of business of a professional representative or legal practitioner as defined in Article 134 EPC who is recorded as the appointed representative for the European patent with unitary effect, the subject of the proceedings, in the register for unitary patent protection (regulation (EU) No 1257/2012, Article 2(e)).
Subject to Rule 272.2 and Rule 272.3. a Statement of claim served in accordance with paragraphs 1, 2 and 3 is deemed to be served on the defendant
(a) where service takes place by means of electronic communication or by fax, on the day when the relevant electronic message was sent or the transmission of the fax was completed (GMT+1);
(b) where service takes place by registered letter with advice of delivery such letter shall be deemed to be served on the addressee on the tenth working day following posting unless it has failed to reach the addressee or has in fact reached him on a later date. Such service shall be deemed effective even if acceptance of the letter has been refused.
Notes
Status: 15th draft of 31st May 2013