Rule 39

Language of the proceedings before the central division

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 1 – Written procedure

Section 1 – Infringement action

Counterclaim for Revocation Referred to the Central Division Under Article 33(3)(b) of the Agreement


Rule 39 – Language of the proceedings before the central division
  1. Where the language of the proceedings before the local division or the regional division which referred the Counterclaim for revocation to the central division is not the language in which the patent was granted, the judge-rapporteur may order that the parties lodge, within a period of one month, a translation in the language in which the patent was granted of any written pleadings and such other documents lodged during the written procedure as the judge-rapporteur may direct.
  2. Where appropriate, the judge-rapporteur may specify in his order that only excerpts of parties’ written pleadings and other documents shall be translated.
  3. Where the language of the proceedings before the local division or the regional division is the language in which the patent was granted the pleadings served in accordance with Rules 24, 25, 29, 29a, 30 and 32 shall stand.

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