The UPC Preparatory Committee has adopted and published the Rules and Procedure of the Unified Patent Court. The 18th draft of the agreed Rules is subject to change only with respect to the court fees that may be applicable.   The 1st draft, published in 2009, was progressed through stages of expert meetings and technical and public consultation and sets out the specific framework and functioning of the Unified Patent Court. 

Included below are some of the topics covered in detail within the Rules and Procedure:

  • Exchange of written pleadings in infringement actions
  • Procedure when a defendant raises preliminary objection
  • Defence and counterclaim for revocation
  • Defence to patent amendment applications
  • Revocation claims
  • Action for declaration of non-infringement
  • Case management and oral hearings
  • Evidence/witnesses and experts
  • Costs

Certainly of interest will be the practicality of Rule 113 which provides that the presiding judge shall endeavour to complete the oral hearing within one day. The Preparatory Committee urges those interested to familiarise themselves with the text which comprises 142 pages and 382 Rules.