Rules of procedure with commentary
UPC Agreement
UPC Statute
Mediation and Arbitration Rules
Other documents

PREAMBLE
- Preamble -
Rules 1 to 9 - APPLICATION AND INTERPRETATION OF THE RULES
Rules 10 to 159 - PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE
- 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
    - Rules 19 to 21 - PROCEDURE WHEN THE DEFENDANT RAISES 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
    - 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 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
    - Rules 38 to 40 - COUNTERCLAIM FOR REVOCATION REFERRED TO THE CENTRAL DIVISION UNDER ARTICLE 33(3)(B) OF THE AGREEMENT
    - 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
    - Rules 49 to 54 - DEFENCE TO REVOCATION
    - Rules 55 to 60 - DEFENCE TO THE APPLICATION TO AMEND THE PATENT AND DEFENCE TO THE COUNTERCLAIM FOR INFRINGEMENT
  - Rules 61 to 74 - SECTION 3 – ACTION FOR DECLARATION OF NON-INFRINGEMENT
  - Rules 75 to 77 - SECTION 4 - ACTIONS WITHIN ARTICLE 33(5) AND (6) OF THE AGREEMENT
  - 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
- Rules 101 to 110 - CHAPTER 2 – INTERIM PROCEDURE
  - Rules 104 to 106 - INTERIM CONFERENCE
  - Rules 108 to 110 - PREPARATION FOR THE ORAL HEARING
- Rules 111 to 119 - CHAPTER 3 – ORAL PROCEDURE
- 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
  - Rules 141 to 144 - SECTION 2 – REQUEST TO LAY OPEN BOOKS
- Rules 150 to 157 - CHAPTER 5 – PROCEDURE FOR 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
Rules 170 to 202 - PART 2 - EVIDENCE
- Rules 175 to 181 - CHAPTER 1 - WITNESSES AND EXPERTS OF THE PARTIES
- Rules 185 to 188 - CHAPTER 2 - COURT EXPERTS
- Rules 190 to 191 - CHAPTER 3 - ORDER TO PRODUCE EVIDENCE AND TO COMMUNICATE INFORMATION
  - Rule 190 - ORDER TO PRODUCE EVIDENCE
    - Rule 190 - Order to produce evidence
  - Rule 191 - ORDER TO COMMUNICATE INFORMATION
    - Rule 191 - Application for order to communicate information
- Rules 192 to 199 - CHAPTER 4 – ORDER TO PRESERVE EVIDENCE (SAISIE) AND ORDER FOR INSPECTION
  - Rules 192 to 198 - ORDER TO PRESERVE EVIDENCE (SAISIE)
  - Rule 199 - ORDER FOR INSPECTION
    - Rule 199 - Order for inspection
    - Rule 199 - Commentary
- Rules 200 to 202 - CHAPTER 5 - OTHER EVIDENCE
  - Rule 200 - Order to freeze assets
  - Rule 201 - Experiments ordered by the Court
Rules 205 to 213 - PART 3 - PROVISIONAL MEASURES
Rules 220 to 255 - PART 4 – PROCEDURES BEFORE THE COURT OF APPEAL
- Rules 224 to 238A - CHAPTER 1 - WRITTEN PROCEDURE
  - Rules 224 to 234 - SECTION 1 — STATEMENT OF APPEAL, STATEMENT OF GROUNDS OF APPEAL
  - Rules 235 to 237 - SECTION 2 – STATEMENT OF RESPONSE
  - Rule 238 - SECTION 3 – REPLY TO A STATEMENT OF CROSS-APPEAL
    - Rule 238 - Reply to a Statement of cross-appeal and further schedule
  - Rule 238A - SECTION 4 – REFERRAL TO THE FULL COURT
    - Rule 238A - The panel to which the action has been...
- Rule 239 - CHAPTER 2 – INTERIM PROCEDURE
  - Rule 239 - Role of the judge-rapporteur
- Rules 240 to 241 - CHAPTER 3 – ORAL PROCEDURE
  - Rule 240 - Conduct of the oral hearing
  - Rule 241 - Conduct of the oral hearing for an appeal of a cost decision
- Rules 242 to 243 - CHAPTER 4 – DECISIONS AND EFFECT OF DECISIONS
  - Rule 242 - Decision of the Court of Appeal
  - Rule 243 - Referral back
- Rules 245 to 255 - CHAPTER 5 – PROCEDURE FOR APPLICATION FOR REHEARING
Rules 260 to 365 - PART 5 – GENERAL PROVISIONS
- Rules 260 to 267 - CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS
- Rules 270 to 279 - CHAPTER 2 – SERVICE
  - Rules 270 to 272 - SECTION 1 – SERVICE WITHIN THE CONTRACTING MEMBER STATES
  - Rules 273 to 274 - SECTION 2 – SERVICE OUTSIDE THE CONTRACTING MEMBER STATES
    - Rule 273 - Scope of this Section
    - Rule 274 - Service outside the Contracting Member States
  - Rule 275 - SECTION 3 – SERVICE BY AN ALTERNATIVE METHOD
    - Rule 275 - Service of the Statement of claim by an alternative method or at an alternative place
  - Rules 276 to 279 - SECTION 4 – SERVICE OF ORDERS, DECISIONS AND WRITTEN PLEADINGS
- Rules 284 to 294 - CHAPTER 3 – RIGHTS AND OBLIGATIONS OF REPRESENTATIVES
- Rules 295 to 298 - CHAPTER 4 – STAY OF PROCEEDINGS
- Rules 300 to 301 - CHAPTER 5 – TIME PERIODS
  - Rule 300 - Calculation of periods
  - Rule 301 - Automatic extension of periods
- Rules 302 to 320 - CHAPTER 6 — PARTIES TO PROCEEDINGS
  - Rules 302 to 303 - SECTION 1 — PLURALITY OF PARTIES
    - Rule 302 - Plurality of claimants or patents
    - Rule 303 - Plurality of defendants
  - Rules 305 to 306 - SECTION 2 — CHANGE IN PARTIES
    - Rule 305 - Change in parties
    - Rule 306 - Consequences for the proceedings
  - Rules 310 to 311 - SECTION 3 – DEATH, DEMISE OR INSOLVENCY OF A PARTY
    - Rule 310 - Death or demise of a party
    - Rule 311 - Insolvency of a party
  - Rule 312 - SECTION 4 – TRANSFER OF PATENT
    - Rule 312 - Transfer of the patent or patent application during proceedings
  - Rules 313 to 317 - SECTION 5 – INTERVENTION
  - Rule 320 - SECTION 6 – RE-ESTABLISHMENT OF RIGHTS
    - Rule 320 - Re-establishment of rights
- Rules 321 to 324 - CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES
- Rules 331 to 340 - CHAPTER 8 – CASE MANAGEMENT
- Rules 341 to 346 - CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT
- Rules 350 to 354 - CHAPTER 10 – DECISIONS AND ORDERS
- Rules 355 to 357 - CHAPTER 11 – DECISION BY DEFAULT
- Rules 360 to 363 - CHAPTER 12 – ACTIONS BOUND TO FAIL OR MANIFESTLY INADMISSIBLE
- Rule 365 - CHAPTER 13 – SETTLEMENT
  - Rule 365 - Confirmation by the Court of a settlement
Rules 370 to 382 - PART 6 – FEES AND LEGAL AID
- Rules 370 to 371 - COURT FEES
  - Rule 370 - Court fees
  - Rule 371 - Time periods for paying court fees
- Rules 375 to 382 - LEGAL AID
Court fees
- - Court fees

- Preamble -
- - Rule 370 - Court fees
  - Rule 371 - Time periods for paying court fees
- - Court fees

Home > Rules of procedure with commentary > PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE > CHAPTER 1 - WRITTEN PROCEDURE > SECTION 1 - INFRINGEMENT ACTION > LAST STEPS IN THE WRITTEN PROCEDURE > Closure of the written procedure

Rule 35Closure of the written procedure

Following the exchange of written pleadings in accordance with Rule 12.1 [1] and, where applicable, in accordance with Rule 12.2 to .4 [[-
2. The Statement of defence may include a Counterclaim for revocation [Rule 25.1].
3. If a Counterclaim for revocation is lodged:
(a) the claimant and any proprietor who becomes a party pursuant to Rule 25.2 (hereinafter in this Rule 12 and Rules 29 to 32, “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule 29(a)], which may include an Application to amend the patent by the proprietor [Rule 30];
(a) the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 29(d)]; and
(b) the claimant and
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[1] -
1. The written procedure shall consist of:
(a) the lodging of a Statement of claim (by the claimant) [Rule 13];
(b) the lodging of a Statement of defence (by the defendant) [Rules 23 and 24]; and, optionally
(c) the lodging of a Reply to the Statement of defence (by the claimant) [Rule 29(b)]; and
(d) the lodging of a Rejoinder to the Reply (by the defendant) [Rule 29(c)]

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