Rule 12

Rule 12 – Exchange of written pleadings (infringement action)

1. The written procedure shall consist of:
   1. the lodging of a Statement of claim (by the claimant) [Rule 13];
   2. the lodging of a Statement of defence (by the defendant) [Rules 23 and 24]; and, optionally
   3. the lodging of a Reply to the Statement of defence (by the claimant) [Rule 29(b)]; and
   4. the lodging of a Rejoinder to the Reply (by the defendant) [Rule 29(c)].
2. The Statement of defence may include a Counterclaim for revocation [Rule 25.1].
3. If a Counterclaim for revocation is lodged:
   1. the claimant and any proprietor who becomes a party pursuant to Rule 25.2 (hereinafter in this Rule 12 and Rules 29 to 32, “the proprietor”) shall lodge a Defence to the Counterclaim for revocation [Rule 29(a)], which may include an Application to amend the patent by the proprietor [Rule 30];
   2. the defendant may lodge a Reply to the Defence to the Counterclaim [Rule 29(d)]; and
   3. the claimant and the proprietor may lodge a Rejoinder to the Reply to the Defence to the Counterclaim [Rule 29(e)].
4. If an Application to amend the patent is lodged by the proprietor, the defendant shall lodge a Defence to the Application to amend the patent in the Reply to the Defence to the Counterclaim, the proprietor may lodge a Reply to the Defence to the Application to amend and the defendant may lodge a Rejoinder to such Reply [Rule 32].
5. The judge-rapporteur may allow the exchange of further written pleadings, within time periods to be specified [Rule 36].

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