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the proceedings. 207 The aim of the provision is to assist the judges. The judge-rapporteur may
order, in the interest of the judges, that the designated official national language is used in oral
proceedings and/or to provide that the Court may make any order and deliver any decision in
the official national language designated as a language of the proceedings.
11-117 Where the English limited rule is applied, each order and decision should be accompanied with
a certified translation into English for the purpose of enforcement.
11-118 The purpose of the English limited rule has been to make it easier for the divisions to designate
English as a language of proceedings in addition to their official national language. It remains to
be seen whether the rule will be a temporary solution only to be abandoned later.
Language of Proceedings in the Central Division
11-119 At the central division, the language of proceedings will be the language of the patent. 208 This
means that the language of proceedings will be English, French or German in accordance with
the language of the patent regardless of whether the proceedings take place in Paris or Munich.
It follows that the statement for revocation has to be in the language of the patent 209 as does
the statement for a DNI 210 if filed in the central division.
11-120 Where the counterclaim for revocation is referred to the central division and the language of
the proceedings before the referring local or regional division is not the language of the patent,
the judge-rapporteur may order the parties to lodge, within a period of one month, a
translation in the language of the patent of any written pleadings and such documents lodged
during the written procedure as directed by the judge-rapporteur. 211 The judge-rapporteur may,
where appropriate, also specify that only excerpts of parties’ written pleadings and other
documents are to be translated. 212
11-121 If an infringement action is brought in the central division, a defendant having its residence,
principal place of business or place of business in a Member State may, under certain
circumstances, have the right to obtain a translation of relevant documents into the language
of the Member State of residence, principal place of business or, in the absence of either,
place of business with such translation costs being covered by the claimant. 213
Those circumstances are: 214
– Where the defendant has its residence, principal place of business or place of business
outside the territory of the Contacting Member States (although within the EU); 215
– Where the Contracting Member State in which the infringement took place or the defendant
has its residence, principal place of business or place of business does not host a local
division or participate in a regional division; 216
– The language of the proceedings is not an official language of the Member State where
the defendant has its residence, principal place of business or place of business; and
207
208
209
210
211
212
213
214
215
216
r.14(1)(c) RoP refers to art.49(3) UPCA which in turn refers to the official languages of the EPO. In practice, of the three
languages, only English has been designated as a language of the proceedings under this provision. Hence, the name “English
limited rule” has been applied.
art.49(6) UPCA.
r.45(1) RoP.
r.64 RoP.
r.39(1) RoP.
r.39(2) RoP.
See the FAQ on the Court’s website available at: https://www.unified-patent-court.org/faq/languages-0
[Accessed 13 April 2023].
art.51(3) UPCA.
art.33(1) para.3 UPCA.
art.33(1) para.4 UPCA.
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A Guide to the UPC and the UP 185
