A guide to the UPC and the UP - Flipbook - Page 243
Language
12-118 The statement for revocation, if filed in the central division, is to be the language of the
patent. 264 If the parties have agreed to bring the action before a local or regional division under
art.33(7) UPCA the statement for revocation must be in the language of the
respective division. 265
12-119 As with statements for DNIs, there is no specific provision in the RoP for language in the
scenario where the revocation action has to be brought to before the local or regional division
where an earlier action for infringement between the same parties relating to the same patent
has been filed. Despite the requirement in r.45 RoP, the language will be the official language,
or one of them, of the Contracting Member State hosting the relevant division or an official
language designated by the Contracting Member States sharing a regional division in which
the action is commenced. 266
Payment of fees for the revocation action
12-120 The claimant must pay a fee for the revocation action of €20,000. 267 The statement for
revocation is not deemed to have been lodged until the fee has been paid. 268
Examination of the formal requirements
12-121 After receipt of the statement for revocation, the Registry, as soon as practicable, will check the
formal requirements regarding the content of the statement for revocation. 269 Because of the
cross-reference in the rules to following the procedure in an infringement action, the list of
formal requirements that will be examined by the Registry is not entirely clear; but it is more
than likely that the requirements in r.44(a) to (c) RoP will be examined together with querying
whether the patent has been opted-out, checking that copies of all the documents referred to in
the statement for the DNI have been sent, the correct language has been used and the correct
fee paid.
12-122 If the formal requirements have been complied with, the Registry will follow the usual
procedures of recording the action in the register and assigning the action to a panel
(see paragraphs 12-123 to 12-125 below). The Registrar will also inform the EPO that the
patent in question is subject to an action for revocation. 270 The statement for revocation is
then served by the Registry 271 and a judge-rapporteur designated to the case. 272
264
265
266
267
268
269
270
271
272
r.45(1) RoP.
r.45(2) referring to r.14(1)(a) and (b) RoP. See also chapter 11 (Overview of Procedure and General Procedural Provisions)
paragraphs 11-107 to 11-130 on the language regime of the Court.
art.49(1) UPCA. See discussion in paragraph 12-100.
r.370 RoP.
r.46 referring to r.15(2) RoP.
r.47(1) referring to rr.16 to 18 RoP. See also paragraphs 12-50 to 12-54 in relation to examining the requirements of the SoC
and the consequences if the requirements are not met.
r.47(2) RoP.
See chapter 11 (Overview of Procedure and General Procedural Provisions) paragraphs 11-89 to 11-101 regarding service on
the defendant.
r.18 RoP. See paragraph 12-55.
© Bird & Bird LLP | May 2023
A Guide to the UPC and the UP 233
