1.
The written procedure shall consist of:
What is UPCRoP 043?
This is Rule 043 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
(a)
the lodging of a Statement for revocation (by the claimant) [Rule 44]; and
(b)
the lodging of a Defence to revocation (by the defendant) [Rule 49]; and optionally
(c)
the lodging of a Reply to the Defence to revocation (by the claimant) [Rule 51];
(d)
the lodging of a Rejoinder to the Reply (by the defendant) [Rule 52].
2.
The Defence to revocation may include:
(a)
an Application to amend the patent; and
(b)
a Counterclaim for infringement by the proprietor of the patent.
3.
If an Application to amend the patent is lodged, the claimant shall lodge a Defence to the Application to amend the patent. The defendant may lodge a Reply to the Defence to the Application. The claimant may lodge a Rejoinder to the Reply. The Rejoinder shall be limited to a response to the matters raised in the Reply.
4.
If a Counterclaim for infringement is lodged, the claimant shall lodge a Defence to the Counterclaim for infringement [Rule 56], the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 56.3] and the claimant may lodge a Rejoinder to the Reply [Rule 56.4].
5.
Rule 12.5 shall apply.
Applied In
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Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 043 (Rule 043)