as adopted by decision of the Administrative Committee on
8 July 2022
entry into force: 1 September 2022
Abbreviations
Agreement: Agreement on a Unified Patent Court of 19 February 2013 (OJ C 175, 20.6.2013, p. 1) including any subsequent amendments
Directive 98/5/EC: Directive 98/5/EC of the European Parliament and of the Council of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (OJ L 77, 14.3.1998, p. 36) including any subsequent amendments
EPC: Convention on the Grant of European Patents of 5 October 1973 (European Patent Convention) including any subsequent amendments
The Hague Convention: Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters of 15 November 1965 including any subsequent amendments
Lugano Convention: Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters of 30 October 2007 (OJ L 147, 10.6.2009, p. 5) including any subsequent amendments
Regulation (EU) 2020/1783: Regulation (EU) 2020/1783 of the European Parliament and of the Council of 25 November 2020 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters (taking of evidence) (recast), OJ L 405, 2.12.2020, p. 1 including any subsequent amendments
Regulation (EU) No 1215/2012: Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1) including any subsequent amendments
Regulation (EU) No 1257/2012: Regulation (EU) No 1257/2012 of the European Parliament and of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection (OJ L 361, 31.12.2012, p. 1) including any subsequent amendments
Regulation (EU) No 1260/2012: Regulation (EU) No 1260/2012 of the Council of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection with regard to the applicable translation arrangements (OJ L 361, 31.12.2012, p. 89) including any subsequent amendments including any subsequent amendments
Regulation (EU) 2020/1784: Regulation (EU) 2020/1784 1783 of the European Parliament and of the Council of 25 November 2020 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents) (recast), OJ L 405, 2.12.2020; p. 40
Statute: Statute of the Unified Patent Court (OJ C 175, 20.6.2013, p. 29) including any subsequent amendments
Preamble
- The Court shall conduct proceedings in accordance with the Agreement, the Statute and these Rules. In the event of a conflict between the provisions of the Agreement and/or the Statute on the one hand and of the Rules on the other hand, the provisions of the Agreement and/or the Statute shall prevail.
- The Rules shall be applied and interpreted in accordance with Articles 41(3), 42 and 52(1) of the Agreement on the basis of the principles of proportionality, flexibility, fairness and equity.
- Proportionality shall be ensured by giving due consideration to the nature and complexity of each action and its importance.
- Flexibility shall be ensured by applying all procedural rules in a flexible and balanced manner with the required level of discretion for the judges to organise the proceedings in the most efficient and cost effective manner.
- Fairness and equity shall be ensured by having regard to the legitimate interests of all parties.
- In accordance with these principles, the Court shall apply and interpret the Rules in a way which shall ensure decisions of the highest quality.
- In accordance with these principles, proceedings shall be conducted in a way which will normally allow the final oral hearing on the issues of infringement and validity at first instance to take place within one year whilst recognising that complex actions may require more time and procedural steps and simple actions less time and fewer procedural steps. Decisions on costs and/or damages may take place at the same time or as soon as practicable thereafter. Case management shall be organised in accordance with these objectives. Parties shall cooperate with the Court and set out their full case as early as possible in the proceedings.
- The Court shall endeavour to ensure consistent application and interpretation of these Rules by all first instance divisions and the Court of Appeal. Due consideration shall also be given to this objective in any decision concerning leave to appeal against procedural orders.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 1 – Application of the Rules and general principles of interpretation