Rule 43

Rule 43 – Exchange of written pleadings (revocation action)

1. The written procedure shall consist of:
   1. the lodging of a Statement for revocation (by the claimant) [Rule 44]; and
   2. the lodging of a Defence to revocation (by the defendant) [Rule 49]; and optionally
   3. the lodging of a Reply to the Defence to revocation (by the claimant) [Rule 51];
   4. the lodging of a Rejoinder to the Reply (by the defendant) [Rule 52].
2. The Defence to revocation may include:
   1. an Application to amend the patent; and
   2. a Counterclaim for infringement by the proprietor of the patent.
3. If an Application to amend the patent is lodged, the claimant shall lodge a Defence to the Application to amend the patent. The defendant may lodge a Reply to the Defence to the Application. The claimant may lodge a Rejoinder to the Reply. The Rejoinder shall be limited to a response to the matters raised in the Reply.
4. If a Counterclaim for infringement is lodged, the claimant shall lodge a Defence to the Counterclaim for infringement [Rule 56], the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 56.3] and the claimant may lodge a Rejoinder to the Reply [Rule 56.4].
5. Rule 12.5 shall apply.

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