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Rules of Procedure of the Unified Patent Court (RoP)

Rule 310

Death or demise of a party

  1. If a party dies or ceases to exist during proceedings, the proceedings shall be stayed until such party is replaced by his successor or successors. The Court may specify a period in this respect.
  2. If there are more than two parties to the proceedings, the Court may decide that
    • (a) proceedings between the remaining parties be continued separately and
      (b) the stay shall only concern the proceedings regarding the party that no longer exists.

  3. If the successor or successors of the party that died or ceased to exist does not or do not continue the proceedings of his or their own motion, within a period specified by the Court, any other party may apply to have the successor or successors added to or substituted for a party or parties.
  4. The Court shall decide who shall be added or substituted as a party or parties pursuant to Rule 305 and Rule 306 shall apply mutatis mutandis.

Notes

Status: 15th draft of 31st May 2013