Rule 13

Rule 13 – Contents of the Statement of claim

1. The claimant shall lodge a Statement of claim with the division chosen by him [Article 33 of the Agreement] which shall contain:
   1. the name of the claimant, and, where the claimant is a corporate entity, the location of its registered office, and of the claimant’s representative;
   2. the name of the party against whom the Statement is made (the defendant), and, where the defendant is a corporate entity, the location of its registered office;
   3. postal and electronic addresses for service on the claimant and the names of the persons authorised to accept service;
   4. postal and, where available, electronic addresses for service on the defendant and the names of the persons authorised to accept service, if known;
   5. where the claimant is not the proprietor or not the only proprietor of the patent concerned, postal and where available, electronic addresses for service on the proprietor and the names and addresses of the persons authorised to accept service, if known;
   6. where the claimant is not the proprietor of the patent concerned, or not the only proprietor, evidence to show the claimant is entitled to commence proceedings [Article 47(2) and (3) of the Agreement];
   7. details of the patent concerned, including the number;
   8. where applicable, information about any prior or pending proceedings relating to the patent concerned before the Court including any action for revocation or a declaration of non-infringement pending before the central division and the date of any such action, the European Patent Office or any other court or authority;
   9. an indication of the division which shall hear the action [Article 33(1) to (6) of the Agreement] with an explanation of why that division has competence; where the parties have agreed in accordance with Article 33(7) of the Agreement, the indication of the division which shall hear the action shall be accompanied by evidence of the defendant’s agreement;
   10. where applicable, an indication that the action shall be heard by a single judge [Article 8(7) of the Agreement], accompanied by evidence of the defendant’s agreement;
   11. the nature of the claim, the order or the remedy sought by the claimant;
   12. an indication of the facts relied on, in particular:
       1. one or more instances of alleged infringements or threatened infringements specifying the date and place of each;
       2. the identification of the patent claims alleged to be infringed;
   13. the evidence relied on [Rule 170.1], where available, and an indication of any further evidence which will be offered in support;
   14. the reasons why the facts relied on constitute an infringement of the patent claims, including arguments of law and where appropriate an explanation of the proposed claim interpretation;
   15. an indication of any order the claimant will seek during the interim procedure [Rule 104(e)];
   16. where the claimant assesses that the value of the infringement action exceeds EUR500.000, an indication of the value; and
   17. a list of the documents, including any witness statements, referred to in the Statement of claim, together with any request that all or part of any such document need not be translated and/or any request pursuant to Rule 262.2 or Rule 262A.
2. The claimant shall at the same time supply a copy of each of the documents referred to in the Statement of claim.
3. The judge-rapporteur shall decide on any request made pursuant to paragraph 1(q) as soon as practicable after his designation pursuant to Rule 18.

Link to this rule | To table of contents