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Rules of procedure with commentary
UPC Agreement
UPC Statute
Mediation and Arbitration Rules
Court fees
Litigation value
Code of conduct
EPLC
List view
Chapter view
Rule 10
- Stages of the proceedings (inter partes proceedings)
Rule 10
- Commentary
Rule 11
- Settlement
Rules 12 to 98
- CHAPTER 1 - WRITTEN PROCEDURE
Rules 12 to 41
- SECTION 1 - INFRINGEMENT ACTION
Rule 12
- Exchange of written pleadings (infringement action)
Rule 12
- Commentary
Rules 13 to 18
- STATEMENT OF CLAIM
Rule 13
- Contents of the Statement of claim
Rule 13
- Commentary
Rule 14
- Use of languages under Article 49(1) and (2) of the Agreement
Rule 14
- Commentary
Rule 15
- Fee for the infringement action
Rule 16
- Examination as to formal requirements of the Statement of claim
Rule 17
- Recording in the register and assignment (Court of First Instance, infringement action)
Rule 18
- Designation of the judge-rapporteur
Rules 19 to 21
- PROCEDURE WHEN THE DEFENDANT RAISES A PRELIMINARY OBJECTION
Rule 19
- Preliminary objection
Rule 19
- Commentary
Rule 20
- Decision or order on a Preliminary objection
Rule 21
- Appeal against decision or order on a Preliminary objection
Rule 22
- VALUE-BASED FEE FOR THE INFRINGEMENT ACTION
Rule 22
- Determination of value-based fee for the infringement action
Rules 23 to 28
- STATEMENT OF DEFENCE
Rule 23
- Lodging of the Statement of defence
Rule 24
- Contents of the Statement of defence
Rule 25
- Counterclaim for revocation
Rule 26
- Fee for the counterclaim for revocation
Rule 27
- Examination as to formal requirements of the Statement of defence and Counterclaim for revocation
Rule 28
- Further schedule
Rules 29 to 30
- DEFENCE TO THE COUNTERCLAIM FOR REVOCATION, REPLY TO THE STATEMENT OF THE DEFENCE AND APPLICATION TO AMEND THE PATENT AND REJOINDER TO THE REPLY
Rule 29
- Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
Rule 29A
- Contents of the Defence to the Counterclaim
Rule 30
- Application to amend the patent
Rule 32
- DEFENCE TO THE APPLICATION TO AMEND THE PATENT
Rule 32
- Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rules 33 to 34
- APPLICATION FOR ALLOCATING A TECHNICALLY QUALIFIED JUDGE TO THE PANEL
Rule 33
- Application by a party for allocating a technically qualified judge
Rule 34
- Request by the judge-rapporteur for allocating a technically qualified judge
Rules 35 to 37
- LAST STEPS IN THE WRITTEN PROCEDURE
Rule 35
- Closure of the written procedure
Rule 36
- Further exchanges of written pleadings
Rule 37
- Application of Article 33(3) of the Agreement
Rules 38 to 40
- COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT
Rule 38
- Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
Rule 39
- Language of the proceedings before the central division
Rule 40
- Accelerated proceedings before the central division
Rule 41
- ACTION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(C) OF THE AGREEMENT
Rule 41
- Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
Rules 42 to 60
- SECTION 2 - REVOCATION ACTION
Rule 42
- Action to be directed against the patent proprietor
Rule 43
- Exchange of written pleadings (revocation action)
Rules 44 to 48
- STATEMENT FOR REVOCATION
Rule 44
- Contents of the Statement for revocation
Rule 45
- Language of the Statement for revocation
Rule 46
- Fee for the revocation action
Rule 47
- Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur
Rule 48
- Preliminary objection
Rules 49 to 54
- DEFENCE TO REVOCATION
Rule 49
- Lodging of the Defence to revocation
Rule 50
- Contents of the Defence to revocation and Counterclaim for infringement
Rule 51
- Reply to Defence to revocation
Rule 52
- Rejoinder to the Reply
Rule 53
- Fee for the Counterclaim for infringement
Rule 54
- Examination as to formal requirements and further schedule
Rules 55 to 60
- DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT
Rule 55
- Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rule 56
- Lodging of the Defence to the Counterclaim for infringement
Rule 57
- Request for allocating a technically qualified judge
Rule 58
- Closure of the written procedure subject to the possible exchange of further pleadings
Rule 60
- Determination of the value-based fee for the Counterclaim for infringement
Rules 61 to 74
- SECTION 3 – ACTION FOR DECLARATION OF NON-INFRINGEMENT
Rule 61
- Declaration of non-infringement
Rule 62
- Exchange of written pleadings (action for declaration of non-infringement)
Rule 63
- Contents of the Statement for a declaration of non-infringement
Rule 64
- Language of the Statement for a declaration of non-infringement
Rule 65
- Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
Rule 66
- Preliminary objection
Rule 67
- Lodging of the Defence to the Statement for a declaration of non-infringement
Rule 68
- Contents of the Defence to the Statement for a declaration of non-infringement
Rule 69
- Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
Rule 70
- Fee for the action for a declaration of non-infringement
Rule 71
- Examination as to formal requirements and further schedule
Rule 72
- Request for allocating a technically qualified judge
Rule 73
- Closure of the written procedure subject to the possible exchange of further pleadings
Rule 74
- Value-based fee for the action for a declaration of non-infringement
Rules 75 to 77
- SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT
Rule 75
- Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement).
Rule 75
- Commentary
Rule 76
- Actions for declaration of non-infringement within Article 33(6) of the Agreement
Rule 77
- Action for declaration of non-infringement and action for revocation
Rule 80
- SECTION 5 – ACTION FOR COMPENSATION FOR LICENCES ON THE BASIS OF ARTICLE 8 OF REGULATION (EU) No 1257/2012
Rule 80
- Compensation for a licence of right
Rules 85 to 98
- SECTION 6 – ACTION AGAINST DECISIONS OF THE EUROPEAN PATENT OFFICE IN CARRYING OUT THE TASKS REFERRED TO IN ARTICLE 9 OF REGULATION (EU) No 1257/2012
Rule 85
- Stages of the proceedings (ex parte proceedings)
Rule 86
- Suspensive effect
Rule 87
- Grounds for annulling or altering a decision of the Office
Rule 88
- Application to annul or alter a decision of the Office
Rule 89
- Examination as to formal requirements (ex parte proceedings)
Rule 90
- Recording in the register (ex parte proceedings)
Rule 91
- Interlocutory revision by the European Patent Office
Rule 92
- Assignment to panel or to single judge, designation of judge-rapporteur
Rule 93
- Examination of the Application to annul or alter a decision of the Office
Rule 94
- Invitation to the President of the European Patent Office to comment
Rule 95
- Lex specialis for the interim procedure (ex parte procedure)
Rule 96
- Lex specialis for the oral procedure (ex parte procedure)
Rule 97
- Application to annul a decision of the Office to reject a request for unitary effect
Rule 98
- Costs
Rules 101 to 110
- CHAPTER 2 – INTERIM PROCEDURE
Rule 101
- Role of the judge-rapporteur (Case management)
Rule 102
- Referral to the panel
Rule 103
- Preparation for the interim conference
Rules 104 to 106
- INTERIM CONFERENCE
Rule 104
- Aim of the interim conference
Rule 105
- Holding the interim conference
Rule 106
- Recording of the interim conference
Rules 108 to 110
- PREPARATION FOR THE ORAL HEARING
Rule 108
- Summons to the oral hearing
Rule 109
- Simultaneous interpretation during oral hearings
Rule 110
- Closure of the interim procedure
Rules 111 to 119
- CHAPTER 3 – ORAL PROCEDURE
Rule 111
- Role of the presiding judge (Case management)
Rule 112
- Conduct of the oral hearing
Rule 113
- Duration of the oral hearing
Rule 114
- Adjournment where the Court considers that further evidence is required
Rule 115
- The oral hearing
Rule 116
- Absence of a party from the oral hearing
Rule 117
- Absence of both parties from the oral hearing
Rule 118
- Decision on the merits
Rule 118
- Commentary
Rule 119
- Interim award of damages
Rules 125 to 144
- CHAPTER 4 – PROCEDURE FOR THE DTERMINATION OF DAMAGES AND COMPENSATION
Rule 125
- Separate proceedings for determining the amount of damages ordered
Rule 126
- Start of proceedings for the determination of damages
Rules 131 to 140
- SECTION 1 – APPLICATION FOR THE DETERMINATION OF DAMAGES
Rule 131
- Contents of the Application for the determination of damages
Rule 132
- Fee for the Application for the determination of damages
Rule 133
- Determination of the value-based fee for the determination of damages
Rule 134
- Examination as to formal requirements of the Application for the determination of damages
Rule 135
- Recording in the register (Application for the determination of damages) and service
Rule 136
- Stay of the Application for a determination of damages
Rule 137
- Reply of the unsuccessful party
Rule 138
- Contents of the Defence to the Application for the determination of damages
Rule 139
- Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
Rule 140
- Further procedure (Application for the determination of damages)
Rules 141 to 144
- SECTION 2 – REQUEST TO LAY OPEN BOOKS
Rule 141
- Contents of the Request to lay open books
Rule 142
- Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
Rule 143
- Further procedure
Rule 144
- Decision on the Request to lay open books
Rules 150 to 157
- CHAPTER 5 – PROCEDURE FOR COST DECISION
Rule 150
- Separate proceedings for cost decision
Rule 151
- Start of proceedings for cost decision
Rule 152
- Compensation for representation costs
Rule 153
- Compensation for costs of experts
Rule 154
- Compensation for costs of witnesses
Rule 155
- Compensation for costs of interpreters and translators
Rule 156
- Further procedure
Rule 157
- Appeal against the cost decision
Rules 158 to 159
- CHAPTER 6 – SECURITY FOR COST
Rule 158
- Security for costs of a party
Rule 159
- Security for costs of the Court
List view
Chapter view
Rule 10
- Stages of the proceedings (inter partes proceedings)
Rule 10
- Commentary
Rule 11
- Settlement
Rule 12
- Exchange of written pleadings (infringement action)
Rule 12
- Commentary
Rule 13
- Contents of the Statement of claim
Rule 13
- Commentary
Rule 14
- Use of languages under Article 49(1) and (2) of the Agreement
Rule 14
- Commentary
Rule 15
- Fee for the infringement action
Rule 16
- Examination as to formal requirements of the Statement of claim
Rule 17
- Recording in the register and assignment (Court of First Instance, infringement action)
Rule 18
- Designation of the judge-rapporteur
Rule 19
- Preliminary objection
Rule 19
- Commentary
Rule 20
- Decision or order on a Preliminary objection
Rule 21
- Appeal against decision or order on a Preliminary objection
Rule 22
- Determination of value-based fee for the infringement action
Rule 23
- Lodging of the Statement of defence
Rule 24
- Contents of the Statement of defence
Rule 25
- Counterclaim for revocation
Rule 26
- Fee for the counterclaim for revocation
Rule 27
- Examination as to formal requirements of the Statement of defence and Counterclaim for revocation
Rule 28
- Further schedule
Rule 29
- Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
Rule 29A
- Contents of the Defence to the Counterclaim
Rule 30
- Application to amend the patent
Rule 32
- Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rule 33
- Application by a party for allocating a technically qualified judge
Rule 34
- Request by the judge-rapporteur for allocating a technically qualified judge
Rule 35
- Closure of the written procedure
Rule 36
- Further exchanges of written pleadings
Rule 37
- Application of Article 33(3) of the Agreement
Rule 38
- Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
Rule 39
- Language of the proceedings before the central division
Rule 40
- Accelerated proceedings before the central division
Rule 41
- Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
Rule 42
- Action to be directed against the patent proprietor
Rule 43
- Exchange of written pleadings (revocation action)
Rule 44
- Contents of the Statement for revocation
Rule 45
- Language of the Statement for revocation
Rule 46
- Fee for the revocation action
Rule 47
- Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur
Rule 48
- Preliminary objection
Rule 49
- Lodging of the Defence to revocation
Rule 50
- Contents of the Defence to revocation and Counterclaim for infringement
Rule 51
- Reply to Defence to revocation
Rule 52
- Rejoinder to the Reply
Rule 53
- Fee for the Counterclaim for infringement
Rule 54
- Examination as to formal requirements and further schedule
Rule 55
- Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Rule 56
- Lodging of the Defence to the Counterclaim for infringement
Rule 57
- Request for allocating a technically qualified judge
Rule 58
- Closure of the written procedure subject to the possible exchange of further pleadings
Rule 60
- Determination of the value-based fee for the Counterclaim for infringement
Rule 61
- Declaration of non-infringement
Rule 62
- Exchange of written pleadings (action for declaration of non-infringement)
Rule 63
- Contents of the Statement for a declaration of non-infringement
Rule 64
- Language of the Statement for a declaration of non-infringement
Rule 65
- Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
Rule 66
- Preliminary objection
Rule 67
- Lodging of the Defence to the Statement for a declaration of non-infringement
Rule 68
- Contents of the Defence to the Statement for a declaration of non-infringement
Rule 69
- Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
Rule 70
- Fee for the action for a declaration of non-infringement
Rule 71
- Examination as to formal requirements and further schedule
Rule 72
- Request for allocating a technically qualified judge
Rule 73
- Closure of the written procedure subject to the possible exchange of further pleadings
Rule 74
- Value-based fee for the action for a declaration of non-infringement
Rule 75
- Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement).
Rule 75
- Commentary
Rule 76
- Actions for declaration of non-infringement within Article 33(6) of the Agreement
Rule 77
- Action for declaration of non-infringement and action for revocation
Rule 80
- Compensation for a licence of right
Rule 85
- Stages of the proceedings (ex parte proceedings)
Rule 86
- Suspensive effect
Rule 87
- Grounds for annulling or altering a decision of the Office
Rule 88
- Application to annul or alter a decision of the Office
Rule 89
- Examination as to formal requirements (ex parte proceedings)
Rule 90
- Recording in the register (ex parte proceedings)
Rule 91
- Interlocutory revision by the European Patent Office
Rule 92
- Assignment to panel or to single judge, designation of judge-rapporteur
Rule 93
- Examination of the Application to annul or alter a decision of the Office
Rule 94
- Invitation to the President of the European Patent Office to comment
Rule 95
- Lex specialis for the interim procedure (ex parte procedure)
Rule 96
- Lex specialis for the oral procedure (ex parte procedure)
Rule 97
- Application to annul a decision of the Office to reject a request for unitary effect
Rule 98
- Costs
Rule 101
- Role of the judge-rapporteur (Case management)
Rule 102
- Referral to the panel
Rule 103
- Preparation for the interim conference
Rule 104
- Aim of the interim conference
Rule 105
- Holding the interim conference
Rule 106
- Recording of the interim conference
Rule 108
- Summons to the oral hearing
Rule 109
- Simultaneous interpretation during oral hearings
Rule 110
- Closure of the interim procedure
Rule 111
- Role of the presiding judge (Case management)
Rule 112
- Conduct of the oral hearing
Rule 113
- Duration of the oral hearing
Rule 114
- Adjournment where the Court considers that further evidence is required
Rule 115
- The oral hearing
Rule 116
- Absence of a party from the oral hearing
Rule 117
- Absence of both parties from the oral hearing
Rule 118
- Decision on the merits
Rule 118
- Commentary
Rule 119
- Interim award of damages
Rule 125
- Separate proceedings for determining the amount of damages ordered
Rule 126
- Start of proceedings for the determination of damages
Rule 131
- Contents of the Application for the determination of damages
Rule 132
- Fee for the Application for the determination of damages
Rule 133
- Determination of the value-based fee for the determination of damages
Rule 134
- Examination as to formal requirements of the Application for the determination of damages
Rule 135
- Recording in the register (Application for the determination of damages) and service
Rule 136
- Stay of the Application for a determination of damages
Rule 137
- Reply of the unsuccessful party
Rule 138
- Contents of the Defence to the Application for the determination of damages
Rule 139
- Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
Rule 140
- Further procedure (Application for the determination of damages)
Rule 141
- Contents of the Request to lay open books
Rule 142
- Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
Rule 143
- Further procedure
Rule 144
- Decision on the Request to lay open books
Rule 150
- Separate proceedings for cost decision
Rule 151
- Start of proceedings for cost decision
Rule 152
- Compensation for representation costs
Rule 153
- Compensation for costs of experts
Rule 154
- Compensation for costs of witnesses
Rule 155
- Compensation for costs of interpreters and translators
Rule 156
- Further procedure
Rule 157
- Appeal against the cost decision
Rule 158
- Security for costs of a party
Rule 159
- Security for costs of the Court
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Rules of procedure with commentary
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PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE
Stages of the proceedings (inter partes proceedings)
1 September 2022, by Casalonga
Settlement
1 September 2022, by Casalonga
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