Rules of Procedure of the Unified Patent Court (RoP)

Rule 356

A party against whom a decision by default has been given may lodge an Application to set aside that decision within one month of service of the decision.
The *Application to set aside a decision by default shall comply with the requirements of Rule 24 or Rule 29a as the case may be together with the party’s explanation for the default. In addition, it shall mention the date and number of the decision by default. The party shall pay a fee for the Application to set aside the decision by default [EUR***].
If the provisions of Rule 356.2 are met the Application shall be allowed and a note of allowance shall be included in any publication of the decision by default.

Relation with draft Statute: Article 37

Status: 15th draft of 31st May 2013