A guide to the UPC and the UP - Flipbook - Page 239
Revocation Action
Outline of the Written Procedure for a Revocation Action
12-107 The written procedure for a stand-alone revocation action comprises the following steps which
are set out in figure 12-5 together with the time periods for each step: 236
– Lodging of a statement for revocation by the claimant;
– Lodging of a defence to revocation by the defendant; and optionally
– Lodging of a reply to the defence to revocation by the claimant; and
– Lodging of a rejoinder to the reply by the defendant.
12-108 The defence to revocation can include:
– An application to amend the patent, in which case a defence, reply and rejoinder to this
application may all be lodged; 237 and
– A counterclaim for infringement by the proprietor of the patent, in which case a defence,
reply and rejoinder to this counterclaim may also be lodged. 238
12-109 The procedure for a revocation action, as set out in rr.42 to 60 RoP, is broadly similar to the
procedure where the defendant lodges a counterclaim for revocation in an infringement action.
Where the patentee then applies to amend the patent, the procedure is again similar to the
position where an application to amend is made responding to a counterclaim for revocation.
Consequently, many of the rules refer back to earlier rules, but for convenience we have set
them out again in this section.
236
237
238
r.43(1) RoP. For the complete timeline leading to the oral hearing, see the Annex to chapter 11.
Rr.43(2)(a) and 49(2)(a) RoP. See paragraphs 12-75 to 12-91.
Rr.43(2)(b) and 49(2)(b) RoP. See paragraphs 12-29 to 12-60.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 229
