A guide to the UPC and the UP - Flipbook - Page 197
Applications to Amend a Patent
11-129 Where a defence to a counterclaim for revocation includes an application to amend the patent,
the proposed amendments (claims and/or specification and auxiliary requests) must be in the
language of the patent as granted. Where the language of the proceedings is different from the
patent as granted, the proprietor must lodge a translation of the proposed amendments into
the language of the proceedings. In addition, and if requested by the defendant, where the
patent is a Unitary patent, a translation must also be lodged in the language of the defendant’s
domicile (if in a Member State) or of the place of the alleged infringement or threatened
infringement in a Contracting Member State. 225
Protective Letters
11-130 Protective letters are filed with the registry in the language of the patent. 226
Figure 11-3: The Language of Proceedings at the Court of First Instance
Local/Regional Division
One of official or
designated EU
languages of division
(art.49(1) UPCA)
One of designated EPO
languages if any
(art.49(2) UPCA)
If multiple designated languages, claimant chooses,
subject to the small local operator and English
limited rules (r.14(2))
Central Division
Language of the
patent if:
1. The parties
agree and the
panel approves
(art.49(3)
UPCA, r.321);
Language of the patent
(art.49(6) UPCA)
2. The panel decides
and the parties
agree, (art.49(4)
UPCA, r.322);
or
3. A party requests
and the President
of CFI decides,
(art.49(5)
UPCA, r.323)
If panel does
not approve,
parties may request
referral to central
division (art.49(3)
UPCA, r.321(3))
225
226
r.30(1)(a) RoP.
r.207(2)
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 187
