Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
Part 1 – Procedures before the Court of First Instance
Section 1 – Infringement action
Defence to the application to amend the patent
Rule 32 – Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
- Within two months of service of an Application to amend the patent, the defendant shall lodge a Defence to the Application to amend the patent setting out whether he opposes the Application to amend the patent and, if so, why:
- the proposed amendments are not allowable; and
- the patent cannot be maintained as requested.
- Where appropriate in view of the proposed amendments, the Defence to the Application to amend the patent may contain submissions in accordance with Rule 44(d) to (h) and alternative non-infringement submissions.
- The proprietor may lodge a Reply to the Defence to the Application to amend the patent within one month of service of the Defence and the defendant may within one month of the service of the Reply lodge a Rejoinder to the Reply. The Rejoinder shall be limited to the matters raised in the Reply.
Relation with Agreement:
Relation with Statute:
Linking to this rule:
Rule 12 – Exchange of written pleadings (infringement action)
Rule 39 – Language of the proceedings before the central division