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Rules of Procedure of the Unified Patent Court (RoP)

Rule 276

Service of orders and decisions

  1. Any order or decision of the Court shall be served on each of the parties in accordance with the provisions of Sections 1, 2 or 3 of this Chapter, as the case may be.
  2. Decisions by default pursuant to Rule 355 resulting from failure of the defendant to lodge a Defence to revocation (Rule 50) or failure to lodge a Defence to the Statement for a declaration of non-infringement (Rule 65) within the time limit set by these Rules or by the Court, may be served on the defendant 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 subject 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).Rule 277 – Decisions by default under Part 5, Chapter 11
    No decision by default shall be entered under Part 5, Chapter 11 unless the Court is satisfied that either:

    • (a) The Statement of claim was served by a method prescribed by the internal law of the state addressed for the service of documents in domestic actions upon persons who are within its territory; or
      (b) The Statement of claim was actually delivered to the defendant or to his residence or place of business by another method provided for under this Chapter 2.

Notes

Status: 15th draft of 31st May 2013