A guide to the UPC and the UP - Flipbook - Page 219
Figure 12-2: Procedure and Timeline of Written Stage of an
Infringement Action
Month
0
Clmt: statement of claim (r.13)
Def: preliminary
objection (r.19)
1
2
Def: statement of
defence (rr.23, 24)
+/-
Def: counterclaim
for revocation (r.25)
5
Clmt: reply to statement of
defence (r.29(b))
+/-
Clmt: defence to counterclaim
for revocation (r.29(a))
+/-
Clmt: application to
amend patent (r.30)
6
Def: rejoinder to
the reply (r.29(c))
7
1 month extension if also
lodging a reply to defence
and counterclaim (r.29(d))
+/-
Def reply to defence to
counterclaim (r.29(d))
+/-
Def: defence to application
to amend patent
(rr.29(d), 32(1))
Clmt: rejoinder
to reply (r.29(e))
+/-
Clmt: reply to defence
(rr.29(e), 32(3))
3
4
8
9
Def: rejoinder to reply
(r.32(3))
Statement of Claim
12-32 The written procedure for an infringement action commences when the claimant lodges
a signed SoC at the Registry or relevant sub-registry in electronic form, using the official forms
available online 48 and pays the fee. 49 In practice, all SoCs will be lodged through the Court’s
Case Management System, which will be run centrally. Where it is not possible to lodge
documents electronically because the electronic Case Management System has ceased to
function, the claimant may lodge the document in hard copy form at the Registry or a subregistry, 50 and must supply an electronic copy as soon as possible thereafter. 51
48
49
50
51
r.4(1) RoP.
r.15 RoP. See chapter 20 (Court Fees and Recoverable Costs).
r.13(1) RoP.
r.4(2) RoP.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 209
