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Rules of Procedure of the Unified Patent Court (RoP)

Rule 321

Application by both parties to use of the language in which the patent was granted as language of the proceedings

  1. At any time during the written procedure, any party may lodge an *Application by both parties to use the language in which the patent was granted as language of the proceedings, in accordance with Article 49(3) of the Agreement. The Application shall state that both parties agree to use the language in which the patent was granted as the language of the proceedings.

  2. As soon as practicable, the Registry shall forward the Application to the panel.
  3. The panel shall, as soon as practicable, decide whether it approves the Application by both parties to use the language in which the patent was granted as the language of the proceedings. Where the panel does not approve the Application, the Registry shall as soon as practicable inform the parties who may request, within 10 working days, that the action be referred to another division or to the central division and the action shall be transferred accordingly. The period of 10 working days may be extended by the judge-rapporteur on a reasoned request by one of the parties.
  4. Where the action is transferred to the central division Rule 41 shall apply mutatis mutandis.

  5. Where
    • (a) a Statement of claim is drawn up in the language in which the patent was granted, in accordance with Rule 14.1(b)(ii),
      (b) an Application by both parties to use the language in which the patent was granted as language proceedings is not allowed and
      (c) the parties do not request that the action be referred to the central division, the claimant shall lodge the Statement of claim in a language provided for in Rule 14.1(a), (c) or
      (d) within 10 working days. The period of 10 working days may be extended by the judge-rapporteur on a reasoned request by the claimant.

  6. The judge-rapporteur shall at the request of a party specify whether any other pleading or document shall be translated and at whose cost.

Notes

Relation with Agreement: Article 49(3)

Status: 15th draft of 31st May 2013