A party may at any stage of the proceedings apply to the Court for leave to change its claim or to amend its case, including adding a counterclaim. Any such application shall explain why such change or amendment was not included in the original pleading.
What is UPCRoP 263?
This is Rule 263 from the UPCRoP (Verfahrensordnung des Einheitlichen Patentgerichts), which is part of the legal framework governing the Unified Patent Court in Europe.
Legal Text
Subject to paragraph 3, leave shall not be granted if, all circumstances considered, the party seeking the amendment cannot satisfy the Court that:
the amendment in question could not have been made with reasonable diligence at an earlier stage; and
the amendment will not unreasonably hinder the other party in the conduct of its action.
Leave to limit a claim in an action unconditionally shall always be granted.
The Court may re-consider fees already paid in the light of an amendment .
Applied In
Official Source
This legal text is from the official UPCRoP framework governing the Unified Patent Court.
Reference: UPCRoP 263 (Rule 263)