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Rules of procedure with commentary
UPC Agreement
UPC Statute
Mediation and Arbitration Rules
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PREAMBLE
PREAMBLE
-
Rules 1 to 9
- APPLICATION AND INTERPRETATION OF THE RULES
Rule 1
- Application of the Rules and general principles of interpretation
Rule 2
- Supplementary protection certificate
Rule 3
- Power of staff of the Registry and a sub-registry to perform functions of the Registry
Rule 4
- Lodging of documents
Rule 5
- Lodging of an Application to opt out and withdrawal of an opt-out
Rule 5
- Commentary
Rule 5A
- Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out
Rule 6
- Service and supply of orders, decisions, written pleadings and other documents
Rule 7
- Language of written pleadings and written evidence
Rule 8
- Party and party’s representative
Rule 9
- Powers of the Court
Rules 10 to 159
- PART 1 - PROCEDURES BEFORE THE COURT OF FIRST INSTANCE
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
- Introduction
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 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
Rules 170 to 202
- PART 2 - EVIDENCE
Rule 170
- Means of evidence and means of obtaining evidence
Rule 171
- Offering of evidence
Rule 172
- Duty to produce evidence
Rule 173
- Judicial Cooperation in the taking of evidence
Rules 175 to 181
- CHAPTER 1 - WITNESSES AND EXPERTS OF THE PARTIES
Rule 175
- Written witness statement
Rule 176
- Application for the hearing of a witness in person
Rule 177
- Summoning of witnesses to the oral hearing
Rule 178
- Hearing of witnesses
Rule 179
- Duties of witnesses
Rule 180
- Reimbursement of expenses of witnesses
Rule 181
- Experts of the parties
Rules 185 to 188
- CHAPTER 2 - COURT EXPERTS
Rule 185
- Appointment of a court expert
Rule 186
- Duties of a court expert
Rule 187
- Expert report
Rule 188
- Hearing of a court expert
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 192
- Application for preserving evidence
Rule 192
- Commentary
Rule 193
- Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Rule 194
- Examination of the Application for preserving evidence
Rule 194
- Commentary
Rule 195
- Oral hearing
Rule 196
- Order on the Application for preserving evidence
Rule 196
- Commentary
Rule 197
- Order to preserve evidence without hearing the defendant
Rule 197
- Commentary
Rule 198
- Revocation of an order to preserve evidence
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
Rule 205
- Stages of the proceedings (summary proceedings)
Rule 206
- Application for provisional measures
Rule 207
- Protective letter
Rule 208
- Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Rule 209
- Examination of the Application for provisional measures
Rule 210
- Oral hearing
Rule 211
- Order on the Application for provisional measures
Rule 212
- Order on provisional measures without hearing the defendant
Rule 213
- Revocation of provisional measures
Rules 220 to 255
- PART 4 – PROCEDURES BEFORE THE COURT OF APPEAL
Rule 220
- Appealable decisions
Rule 221
- Application for leave to appeal against cost decisions
Rule 222
- Subject-matter of the proceedings before the Court of Appeal
Rule 223
- Application for suspensive effect
Rules 224 to 238A
- CHAPTER 1 - WRITTEN PROCEDURE
Rules 224 to 234
- SECTION 1 — STATEMENT OF APPEAL, STATEMENT OF GROUNDS OF APPEAL
Rule 224
- Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
Rule 225
- Contents of the Statement of appeal
Rule 226
- Contents of the Statement of grounds of appeal
Rule 227
- Language of the Statement of appeal and of the Statement of grounds of appeal
Rule 228
- Fee for the appeal
Rule 229
- Examination as to formal requirements of the Statement of appeal
Rule 230
- Recording in the register (Court of Appeal)
Rule 231
- Designation of the judge-rapporteur
Rule 232
- Translation of file
Rule 233
- Preliminary examination of the Statement of grounds of appeal
Rule 234
- Challenge to the decision to reject an appeal as inadmissible
Rules 235 to 237
- SECTION 2 – STATEMENT OF RESPONSE
Rule 235
- Statement of response
Rule 236
- Contents of the Statement of response
Rule 237
- Statement of cross-appeal
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
Rule 245
- Lodging of an Application for rehearing
Rule 246
- Contents of the Application for rehearing
Rule 247
- Fundamental procedural defects
Rule 248
- Obligation to raise objections
Rule 249
- Definition of criminal offence
Rule 250
- Fee for the rehearing
Rule 251
- Recording in the register
Rule 252
- Suspensive effect
Rule 253
- Examination as to formal requirements of the Application for rehearing
Rule 254
- Assignment of Application for rehearing to a panel
Rule 255
- Examination of the Application for rehearing
Rules 260 to 365
- PART 5 – GENERAL PROVISIONS
Rules 260 to 267
- CHAPTER 1 – GENERAL PROCEDURAL PROVISIONS
Rule 260
- Examination by the Registry of its own motion
Rule 261
- Date of pleadings
Rule 262
- Public access to the register
Rule 262A
- Protection of Confidential Information
Rule 263
- Leave to change claim or amend case
Rule 264
- An oppurtinity to be heard
Rule 265
- Withdrawal
Rule 266
- Preliminary references to the Court of Justice of the European Union
Rule 267
- Actions pursuant to Article 22 of the Agreement
Rules 270 to 279
- CHAPTER 2 – SERVICE
Rules 270 to 272
- SECTION 1 – SERVICE WITHIN THE CONTRACTING MEMBER STATES
Rule 270
- Scope of this Section
Rule 271
- Service of the Statement of claim
Rule 272
- Notice of service and non-service of the Statement of claim
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
Rule 276
- Service of orders and decisions
Rule 277
- Decisions by default under Part 5, Chapter 11
Rule 278
- Service of written pleadings and other documents
Rule 279
- Change of electronic address for service
Rules 284 to 294
- CHAPTER 3 – RIGHTS AND OBLIGATIONS OF REPRESENTATIVES
Rule 284
- Duty of representatives not to misrepresent facts or cases
Rule 285
- Powers of attorney
Rule 286
- Certificate that a representative is authorized to practice before the Court
Rule 287
- Attorney-client privilege
Rule 288
- Litigation privilege
Rule 289
- Privileges, immunities and facilities
Rule 290
- Powers of the Court as regards representatives
Rule 291
- Exclusion from the proceedings
Rule 292
- Patent attorneys’ right of audience
Rule 293
- Change of a representative
Rule 294
- Removal from the register of representatives
Rules 295 to 298
- CHAPTER 4 – STAY OF PROCEEDINGS
Rule 295
- Stay of proceedings
Rule 296
- Duration and effects of a stay of proceedings
Rule 297
- Resumption of proceedings
Rule 298
- Accelerated proceedings before the European Patent Office
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 313
- Application to intervene
Rule 314
- Order on Application to intervene
Rule 315
- Statement in intervention
Rule 316
- Invitation to intervene
Rule 316A
- Forced intervention
Rule 317
- No appeal against an order on the Application to intervene
Rule 320
- SECTION 6 – RE-ESTABLISHMENT OF RIGHTS
Rule 320
- Re-establishment of rights
Rules 321 to 324
- CHAPTER 7 – MISCELLANEOUS PROVISIONS ON LANGUAGES
Rule 321
- Application by both parties to use of the language in which the patent was granted as language of the proceedings
Rule 322
- Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
Rule 323
- Application by one party to use the language in which the patent was granted as language of the proceedings
Rule 324
- Consequences where the language of the proceedings is changed in the course of the proceedings
Rules 331 to 340
- CHAPTER 8 – CASE MANAGEMENT
Rule 331
- Responsibility for case management
Rule 332
- General principles of case management
Rule 333
- Review of case management orders
Rule 334
- Case management powers
Rule 335
- Varying or revoking orders
Rule 336
- Exercise of case management powers
Rule 337
- Orders of the Court’s own motion
Rule 340
- Connection Joinder
Rules 341 to 346
- CHAPTER 9 – RULES RELATING TO THE ORGANISATION OF THE COURT
Rule 341
- Precedence
Rule 342
- Dates, times and place of the sittings of the Court
Rule 343
- Order in which actions are to be dealt with
Rule 344
- Deliberations
Rule 345
- Composition of panels and assignment of actions
Rule 346
- Application of Article 7 of the Statute
Rules 350 to 354
- CHAPTER 10 – DECISIONS AND ORDERS
Rule 350
- Decisions
Rule 351
- Orders
Rule 352
- Binding effect of decisions or orders subject to security
Rule 353
- Rectification of decisions and orders
Rule 354
- Enforcement
Rules 355 to 357
- CHAPTER 11 – DECISION BY DEFAULT
Rule 355
- Decision by default (Court of First Instance)
Rule 356
- Application to set aside a decision by default
Rule 357
- Decision by default (Court of Appeal)
Rules 360 to 363
- CHAPTER 12 – ACTIONS BOUND TO FAIL OR MANIFESTLY INADMISSIBLE
Rule 360
- No need to adjudicate
Rule 361
- Action manifestly bound to fail
Rule 362
- Absolute bar to proceeding with an action
Rule 363
- Orders dismissing manifestly inadmissible claims
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
Rule 375
- Aim and scope
Rule 376
- Costs eligible for legal aid
Rule 376A
- Maximum amount to be paid for representation
Rule 377
- Conditions for granting legal aid
Rule 377A
- Conditions regarding the financial situation of the applicant
Rule 378
- Application for legal aid
Rule 378A
- Type of proof
Rule 379
- Examination and decision
Rule 379A
- Alteration of economic situation
Rule 380
- Withdrawal of legal aid
Rule 381
- Appeal
Rule 382
- Recovery
Court fees
- Court fees
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Chapter view
PREAMBLE
-
Rule 1
- Application of the Rules and general principles of interpretation
Rule 2
- Supplementary protection certificate
Rule 3
- Power of staff of the Registry and a sub-registry to perform functions of the Registry
Rule 4
- Lodging of documents
Rule 5
- Lodging of an Application to opt out and withdrawal of an opt-out
Rule 5
- Commentary
Rule 5A
- Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out
Rule 6
- Service and supply of orders, decisions, written pleadings and other documents
Rule 7
- Language of written pleadings and written evidence
Rule 8
- Party and party’s representative
Rule 9
- Powers of the Court
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
- Introduction
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 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
Rule 170
- Means of evidence and means of obtaining evidence
Rule 171
- Offering of evidence
Rule 172
- Duty to produce evidence
Rule 173
- Judicial Cooperation in the taking of evidence
Rule 175
- Written witness statement
Rule 176
- Application for the hearing of a witness in person
Rule 177
- Summoning of witnesses to the oral hearing
Rule 178
- Hearing of witnesses
Rule 179
- Duties of witnesses
Rule 180
- Reimbursement of expenses of witnesses
Rule 181
- Experts of the parties
Rule 185
- Appointment of a court expert
Rule 186
- Duties of a court expert
Rule 187
- Expert report
Rule 188
- Hearing of a court expert
Rule 190
- Order to produce evidence
Rule 191
- Application for order to communicate information
Rule 192
- Application for preserving evidence
Rule 192
- Commentary
Rule 193
- Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Rule 194
- Examination of the Application for preserving evidence
Rule 194
- Commentary
Rule 195
- Oral hearing
Rule 196
- Order on the Application for preserving evidence
Rule 196
- Commentary
Rule 197
- Order to preserve evidence without hearing the defendant
Rule 197
- Commentary
Rule 198
- Revocation of an order to preserve evidence
Rule 199
- Order for inspection
Rule 199
- Commentary
Rule 200
- Order to freeze assets
Rule 201
- Experiments ordered by the Court
Rule 205
- Stages of the proceedings (summary proceedings)
Rule 206
- Application for provisional measures
Rule 207
- Protective letter
Rule 208
- Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
Rule 209
- Examination of the Application for provisional measures
Rule 210
- Oral hearing
Rule 211
- Order on the Application for provisional measures
Rule 212
- Order on provisional measures without hearing the defendant
Rule 213
- Revocation of provisional measures
Rule 220
- Appealable decisions
Rule 221
- Application for leave to appeal against cost decisions
Rule 222
- Subject-matter of the proceedings before the Court of Appeal
Rule 223
- Application for suspensive effect
Rule 224
- Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
Rule 225
- Contents of the Statement of appeal
Rule 226
- Contents of the Statement of grounds of appeal
Rule 227
- Language of the Statement of appeal and of the Statement of grounds of appeal
Rule 228
- Fee for the appeal
Rule 229
- Examination as to formal requirements of the Statement of appeal
Rule 230
- Recording in the register (Court of Appeal)
Rule 231
- Designation of the judge-rapporteur
Rule 232
- Translation of file
Rule 233
- Preliminary examination of the Statement of grounds of appeal
Rule 234
- Challenge to the decision to reject an appeal as inadmissible
Rule 235
- Statement of response
Rule 236
- Contents of the Statement of response
Rule 237
- Statement of cross-appeal
Rule 238
- Reply to a Statement of cross-appeal and further schedule
Rule 238A
- The panel to which the action has been...
Rule 239
- Role of the judge-rapporteur
Rule 240
- Conduct of the oral hearing
Rule 241
- Conduct of the oral hearing for an appeal of a cost decision
Rule 242
- Decision of the Court of Appeal
Rule 243
- Referral back
Rule 245
- Lodging of an Application for rehearing
Rule 246
- Contents of the Application for rehearing
Rule 247
- Fundamental procedural defects
Rule 248
- Obligation to raise objections
Rule 249
- Definition of criminal offence
Rule 250
- Fee for the rehearing
Rule 251
- Recording in the register
Rule 252
- Suspensive effect
Rule 253
- Examination as to formal requirements of the Application for rehearing
Rule 254
- Assignment of Application for rehearing to a panel
Rule 255
- Examination of the Application for rehearing
Rule 260
- Examination by the Registry of its own motion
Rule 261
- Date of pleadings
Rule 262
- Public access to the register
Rule 262A
- Protection of Confidential Information
Rule 263
- Leave to change claim or amend case
Rule 264
- An oppurtinity to be heard
Rule 265
- Withdrawal
Rule 266
- Preliminary references to the Court of Justice of the European Union
Rule 267
- Actions pursuant to Article 22 of the Agreement
Rule 270
- Scope of this Section
Rule 271
- Service of the Statement of claim
Rule 272
- Notice of service and non-service of the Statement of claim
Rule 273
- Scope of this Section
Rule 274
- Service outside the Contracting Member States
Rule 275
- Service of the Statement of claim by an alternative method or at an alternative place
Rule 276
- Service of orders and decisions
Rule 277
- Decisions by default under Part 5, Chapter 11
Rule 278
- Service of written pleadings and other documents
Rule 279
- Change of electronic address for service
Rule 284
- Duty of representatives not to misrepresent facts or cases
Rule 285
- Powers of attorney
Rule 286
- Certificate that a representative is authorized to practice before the Court
Rule 287
- Attorney-client privilege
Rule 288
- Litigation privilege
Rule 289
- Privileges, immunities and facilities
Rule 290
- Powers of the Court as regards representatives
Rule 291
- Exclusion from the proceedings
Rule 292
- Patent attorneys’ right of audience
Rule 293
- Change of a representative
Rule 294
- Removal from the register of representatives
Rule 295
- Stay of proceedings
Rule 296
- Duration and effects of a stay of proceedings
Rule 297
- Resumption of proceedings
Rule 298
- Accelerated proceedings before the European Patent Office
Rule 300
- Calculation of periods
Rule 301
- Automatic extension of periods
Rule 302
- Plurality of claimants or patents
Rule 303
- Plurality of defendants
Rule 305
- Change in parties
Rule 306
- Consequences for the proceedings
Rule 310
- Death or demise of a party
Rule 311
- Insolvency of a party
Rule 312
- Transfer of the patent or patent application during proceedings
Rule 313
- Application to intervene
Rule 314
- Order on Application to intervene
Rule 315
- Statement in intervention
Rule 316
- Invitation to intervene
Rule 316A
- Forced intervention
Rule 317
- No appeal against an order on the Application to intervene
Rule 320
- Re-establishment of rights
Rule 321
- Application by both parties to use of the language in which the patent was granted as language of the proceedings
Rule 322
- Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
Rule 323
- Application by one party to use the language in which the patent was granted as language of the proceedings
Rule 324
- Consequences where the language of the proceedings is changed in the course of the proceedings
Rule 331
- Responsibility for case management
Rule 332
- General principles of case management
Rule 333
- Review of case management orders
Rule 334
- Case management powers
Rule 335
- Varying or revoking orders
Rule 336
- Exercise of case management powers
Rule 337
- Orders of the Court’s own motion
Rule 340
- Connection Joinder
Rule 341
- Precedence
Rule 342
- Dates, times and place of the sittings of the Court
Rule 343
- Order in which actions are to be dealt with
Rule 344
- Deliberations
Rule 345
- Composition of panels and assignment of actions
Rule 346
- Application of Article 7 of the Statute
Rule 350
- Decisions
Rule 351
- Orders
Rule 352
- Binding effect of decisions or orders subject to security
Rule 353
- Rectification of decisions and orders
Rule 354
- Enforcement
Rule 355
- Decision by default (Court of First Instance)
Rule 356
- Application to set aside a decision by default
Rule 357
- Decision by default (Court of Appeal)
Rule 360
- No need to adjudicate
Rule 361
- Action manifestly bound to fail
Rule 362
- Absolute bar to proceeding with an action
Rule 363
- Orders dismissing manifestly inadmissible claims
Rule 365
- Confirmation by the Court of a settlement
Rule 370
- Court fees
Rule 371
- Time periods for paying court fees
Rule 375
- Aim and scope
Rule 376
- Costs eligible for legal aid
Rule 376A
- Maximum amount to be paid for representation
Rule 377
- Conditions for granting legal aid
Rule 377A
- Conditions regarding the financial situation of the applicant
Rule 378
- Application for legal aid
Rule 378A
- Type of proof
Rule 379
- Examination and decision
Rule 379A
- Alteration of economic situation
Rule 380
- Withdrawal of legal aid
Rule 381
- Appeal
Rule 382
- Recovery
- Court fees
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