Rule 42

Action to be directed against the patent proprietor

Rules of Procedure

Part 1 – Procedures before the Court of First Instance

Chapter 1 – Written procedure

Section 2 – Revocation action

Rule 42 – Action to be directed against the patent proprietor
  1. Any action for the revocation of a patent shall be directed against the proprietor of the patent.
  2. If the action for revocation is directed against the proprietor in accordance with Rule 8.6 (“the registered proprietor”) but the registered proprietor is not a proprietor within the meaning of Rule 8.5(a) or (b) (“the Rule 8.5 proprietor”) each such registered proprietor shall as soon as practicable after service of the Statement for revocation apply to the Court pursuant to Rule 305.1(c) for the substitution of the registered proprietor by the Rule 8.5 proprietor.

Link to this rule | To table of contents

Relation with Agreement:

Article 47 – Parties

Article 65 – Decision on the validity of a patent

Relation with Statute:

Linking to this rule:

Rule 8 – Party and party’s representative

Rule 25 – Counterclaim for revocation