The Rules – Table of contents

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Preamble

Application and interpretation of the rules

• Rule 1 – Application of the Rules and general principles of interpretation
• Rule 2 – Supplementary protection certificate
• Rule 3 – Power of staff of the Registry and a sub-registry to perform functions of the Registry
• Rule 4 – Lodging of documents
• Rule 5 – Lodging of an Application to opt out and withdrawal of an opt-out
• Rule 5A – Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out
• Rule 6 – Service and supply of orders, decisions, written pleadings and other documents
• Rule 7 – Language of written pleadings and written evidence
• Rule 8 – Party and party’s representative
• Rule 9 – Powers of the Court

Part 1 – Procedures before the Court of First Insance

• Rule 10 – Stages of the proceedings (inter partes proceedings)
• Rule 11 – Settlement

Chapter 1 – Written procedure

Section 1 – Infringement action

• Rule 12 – Exchange of written pleadings (infringement action)

Statement of Claim

• Rule 13 – Contents of the Statement of claim
• Rule 14 – Use of languages under Article 49(1) and (2) of the Agreement
• Rule 15 – Fee for the infringement action
• Rule 16 – Examination as to formal requirements of the Statement of claim
• Rule 17 – Recording in the register and assignment (Court of First Instance, infringement action)
• Rule 18 – Designation of the judge-rapporteur

Procedure When the Defendant Raises a Preliminary Objection

• Rule 19 – Preliminary objection
• Rule 20 – Decision or order on a Preliminary objection
• Rule 21 – Appeal against decision or order on a Preliminary objection

Value-Based Fee for the Infringement Action

• Rule 22 – Value-based fee for the infringement action

Statement of Defence

• Rule 23 – Lodging of the Statement of defence
• Rule 24 – Contents of the Statement of defence
• Rule 25 – Counterclaim for revocation
• Rule 26 – Fee for the Counterclaim for revocation
• Rule 27 – Examination as to formal requirements of the Statement of defence and Counterclaim for revocation
• Rule 28 – Further schedule

Defence to the Counterclaim for Revocation, reply to the statement of the defence and Application to Amend the Patent and rejoinder to the reply

• Rule 29 – Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
• Rule 29A – Contents of the Defence to the Counterclaim
• Rule 30 – Application to amend the patent

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

Application for Allocating a Technically Qualified Judge to the Panel

• Rule 33 – Application by a party for allocating a technically qualified judge
• Rule 34 – Request by the judge-rapporteur for allocating a technically qualified judge

Last steps in the Written Procedure

• Rule 35 – Closure of the written procedure
• Rule 36 – Further exchanges of written pleadings
• Rule 37 – Application of Article 33(3) of the Agreement

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

• Rule 38 – Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
• Rule 39 – Language of the proceedings before the central division
• Rule 40 – Accelerated proceedings before the central division

Action Referred to the Central Division Under Article 33(3)(c) of the Agreement

• Rule 41 – Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement

Section 2 – Revocation action

• Rule 42 – Action to be directed against the patent proprietor
• Rule 43 – Exchange of written pleadings (revocation action)

Statement for Revocation

• Rule 44 – Contents of the Statement for revocation
• Rule 45 – Language of the Statement for revocation
• Rule 46 – Fee for the revocation action
• Rule 47 – Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur
• Rule 48 – Preliminary objection

Defence to Revocation

• Rule 49 – Lodging of the Defence to revocation
• Rule 50 – Contents of the Defence to revocation and Counterclaim for infringement
• Rule 51 – Reply to Defence to revocation
• Rule 52 – Rejoinder to the Reply
• Rule 53 – Fee for the Counterclaim for infringement
• Rule 54 – Examination as to formal requirements and further schedule

Defence to the Application to Amend the Patent and Defence to the Counterclaim for Infringement

• Rule 55 – Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
• Rule 56 – Lodging of the Defence to the Counterclaim for infringement
• Rule 57 – Request for allocating a technically qualified judge
• Rule 58 – Closure of the written procedure subject to the possible exchange of further pleadings
• Rule 60 – Value-based fee for the dispute including the Counterclaim for infringement

Section 3 – Action for declaration of non-infringement

• Rule 61 – Declaration of non-infringement
• Rule 62 – Exchange of written pleadings (action for declaration of non-infringement)
• Rule 63 – Contents of the Statement for a declaration of non-infringement
• Rule 64 – Language of the Statement for a declaration of non-infringement
• Rule 65 – Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
• Rule 66 – Preliminary objection
• Rule 67 – Lodging of the Defence to the Statement for a declaration of non-infringement
• Rule 68 – Contents of the Defence to the Statement for a declaration of non-infringement
• Rule 69 – Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
• Rule 70 – Fee for the action for a declaration of non-infringement
• Rule 7 1 – Examination as to formal requirements and further schedule
• Rule 72 – Request for allocating a technically qualified judge
• Rule 73 – Closure of the written procedure subject to the possible exchange of further pleadings
• Rule 74 – Value-based fee for the action for a declaration of non-infringement

Section 4 – Actions within article 33(5) and (6) of the Agreement

• Rule 75 – Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)
• Rule 76 – Actions for declaration of non-infringement within Article 33(6) of the Agreement
• Rule 77 – Action for declaration of non-infringement and action for revocation

Section 5 – Action for compensation for licences on the basis of article 8 of regulation (eu) no 1257/2012

• Rule 80 – Compensation for a licence of right

Section 6 – Action against decisions of the European Patent Office in carrying out the tasks referred to in article 9 of regulation (eu) no 1257/2012

• Rule 85 – Stages of the proceedings (ex parte proceedings)
• Rule 86 – Suspensive effect
• Rule 87 – Grounds for annulling or altering a decision of the Office
• Rule 88 – Application to annul or alter a decision of the Office
• Rule 89 – Examination as to formal requirements (ex parte proceedings)
• Rule 90 – Recording in the register (ex parte proceedings)
• Rule 91 – Interlocutory revision by the European Patent Office
• Rule 92 – Assignment to panel or to single judge, designation of judge-rapporteur
• Rule 93 – Examination of the Application to annul or alter a decision of the Office
• Rule 94 – Invitation to the President of the European Patent Office to comment
• Rule 95 – Lex specialis for the interim procedure (ex parte procedure)
• Rule 96 – Lex specialis for the oral procedure (ex parte procedure)
• Rule 97 – Application to annul a decision of the Office to reject a request for unitary effect
• Rule 98 – Costs

Chapter 2 – Interim procedure

• Rule 101 – Role of the judge-rapporteur (Case management)
• Rule 102 – Referral to the panel
• Rule 103 – Preparation for the interim conference

Interim conference

• Rule 104 – Aim of the interim conference
• Rule 105 – Holding the interim conference
• Rule 106 – Recording of the interim conference

Preparation for the oral hearing

• Rule 108 – Summons to the oral hearing
• Rule 109 – Simultaneous interpretation during oral hearings
• Rule 110 – Closure of the interim procedure

Chapter 3 – Oral procedure

• Rule 111 – Role of the presiding judge (Case management)
• Rule 112 – Conduct of the oral hearing
• Rule 113 – Duration of the oral hearing
• Rule 114 – Adjournment where the Court considers that further evidence is required
• Rule 115 – The oral hearing
• Rule 116 – Absence of a party from the oral hearing
• Rule 117 – Absence of both parties from the oral hearing
• Rule 118 – Decision on the merits
• Rule 119 – Interim award of damages

Chapter 4 – Procedure for the determination of damages and compensation

• Rule 125 – Separate proceedings for determining the amount of damages ordered
• Rule 126 – Start of proceedings for the determination of damages

Section 1 – Application for the determination of damages

• Rule 131 – Contents of the Application for the determination of damages
• Rule 132 – Fee for the Application for the determination of damages
• Rule 133 – Value-based fee for the determination of damages
• Rule 134 – Examination as to formal requirements of the Application for the determination of damages
• Rule 135 – Recording in the register (Application for the determination of damages) and service
• Rule 136 – Stay of the Application for a determination of damages
• Rule 137 – Reply of the unsuccessful party
• Rule 138 – Contents of the Defence to the Application for the determination of damages
• Rule 139 – Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
• Rule 140 – Further procedure (Application for the determination of damages)

Section 2 – Request to lay open books

• Rule 141 – Contents of the Request to lay open books
• Rule 142 – Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
• Rule 143 – Further procedure
• Rule 144 – Decision on the Request to lay open books

Chapter 5 – Procedure for cost decision

• Rule 150 – Separate proceedings for cost decision
• Rule 151 – Start of proceedings for cost decision
• Rule 152 – Compensation for representation costs
• Rule 153 – Compensation for costs of experts
• Rule 154 – Compensation for costs of witnesses
• Rule 155 – Compensation for costs of interpreters and translators
• Rule 156 – Further procedure
• Rule 157 – Appeal against the cost decision

Chapter 6 – Security for costs

• Rule 158 – Security for costs of a party
• Rule 159 – Security for costs of the Court

Part 2 – Evidence

• Rule 170 – Means of evidence and means of obtaining evidence
• Rule 171 – Offering of evidence
• Rule 172 – Duty to produce evidence
• Rule 173 – Judicial Cooperation in the taking of evidence

Chapter 1 – Witnesses and experts of the parties

• Rule 175 – Written witness statement
• Rule 176 – Application for the hearing of a witness in person
• Rule 177 – Summoning of witnesses to the oral hearing
• Rule 178 – Hearing of witnesses
• Rule 179 – Duties of witnesses
• Rule 180 – Reimbursement of expenses of witnesses
• Rule 181 – Experts of the parties

Chapter 2 – Court experts

• Rule 185 – Appointment of a court expert
• Rule 186 – Duties of a court expert
• Rule 187 – Expert report
• Rule 188 – Hearing of a court expert

Chapter 3 – Order to produce evidence and to communicate information

Order to produce evidence

• Rule 190 – Order to produce evidence

Order to communicate information

• Rule 191 – Application for order to communicate information

Chapter 4 – Order to preserve evidence (saisie) and order for inspection

Order to preserve evidence (saisie)

• Rule 192 – Application for preserving evidence
• Rule 193 – Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
• Rule 194 – Examination of the Application for preserving evidence
• Rule 195 – Oral hearing
• Rule 196 – Order on the Application for preserving evidence
• Rule 197 – Order to preserve evidence without hearing the defendant
• Rule 198 – Revocation of an order to preserve evidence

Order for inspection

• Rule 199 – Order for inspection

Chapter 5 – Other evidence

• Rule 200 – Order to freeze assets
• Rule 201 – Experiments ordered by the Court

Part 3 – Provisional measures

• Rule 205 – Stages of the proceedings (summary proceedings)
• Rule 206 – Application for provisional measures
• Rule 207 – Protective letter
• Rule 208 – Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
• Rule 209 – Examination of the Application for provisional measures
• Rule 210 – Oral hearing
• Rule 211 – Order on the Application for provisional measures
• Rule 212 – Order on provisional measures without hearing the defendant
• Rule 213 – Revocation of provisional measures

Part 4 – Procedures before the court of appeal

• Rule 220 – Appealable decisions
• Rule 221 – Application for leave to appeal against cost decisions
• Rule 222 – Subject-matter of the proceedings before the Court of Appeal
• Rule 223 – Application for suspensive effect

Chapter 1 – Written procedure

Section 1 – Statement of appeal, statement of grounds of appeal

• Rule 224 – Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
• Rule 225 – Contents of the Statement of appeal
• Rule 226 – Contents of the Statement of grounds of appeal
• Rule 227 – Language of the Statement of appeal and of the Statement of grounds of appeal
• Rule 228 – Fee for the appeal
• Rule 229 – Examination as to formal requirements of the Statement of appeal
• Rule 230 – Recording in the register (Court of Appeal)
• Rule 231 – Designation of the judge-rapporteur
• Rule 232 – Translation of file
• Rule 233 – Preliminary examination of the Statement of grounds of appeal
• Rule 234 – Challenge to the decision to reject an appeal as inadmissible

Section 2 – Statement of response

• Rule 235 – Statement of response
• Rule 236 – Contents of the Statement of response
• Rule 237 – Statement of cross-appeal

Section 3 – Reply to a statement of cross-appeal

• Rule 238 – Reply to a Statement of cross-appeal and further schedule

Section 4 – Referral to the full court

• Rule 238A – Decision to refer

Chapter 2 – Interim procedure

• Rule 239 – Role of the judge-rapporteur

Chapter 3 – Oral procedure

• Rule 240 – Conduct of the oral hearing
• Rule 241 – Conduct of the oral hearing for an appeal of a cost decision

Chapter 4 – Decisions and effect of decisions

• Rule 242 – Decision of the Court of Appeal
• Rule 243 – Referral back

Chapter 5 – Procedure for Application for rehearing

• Rule 245 – Lodging of an Application for rehearing
• Rule 246 – Contents of the Application for rehearing
• Rule 247 – Fundamental procedural defects
• Rule 248 – Obligation to raise objections
• Rule 249 – Definition of criminal offence
• Rule 250 – Fee for the rehearing
• Rule 251 – Recording in the register
• Rule 252 – Suspensive effect
• Rule 253 – Examination as to formal requirements of the Application for rehearing
• Rule 254 – Assignment of Application for rehearing to a panel
• Rule 255 – Examination of the Application for rehearing

Part 5 – General provisions

Chapter 1 – General procedural provisions

• Rule 260 – Examination by the Registry of its own motion
• Rule 261 – Date of pleadings
• Rule 262 – Public access to the register
• Rule 262A – Protection of Confidential Information
• Rule 263 – Leave to change claim or amend case
• Rule 264 – An opportunity to be heard
• Rule 265 – Withdrawal
• Rule 266 – Preliminary references to the Court of Justice of the European Union
• Rule 267 – Actions pursuant to Article 22 of the Agreement

Chapter 2 – Service

Section 1 – Service within the contracting Member States

• Rule 270 – Scope of this Section
• Rule 271 – Service of the Statement of claim
• Rule 272 – Notice of service and non-service of the Statement of claim

Section 2 – Service outside the contracting member states

• Rule 273 – Scope of this Section
• Rule 274 – Service outside the Contracting Member States

Section 3 – Service by an alternative method

• Rule 275 – Service of the Statement of claim by an alternative method or at an alternative place

Section 4 – Service of orders, decisions and written pleadings

• Rule 276 – Service of orders and decisions
• Rule 277 – Decisions by default under Part 5, Chapter 11
• Rule 278 – Service of written pleadings and other documents
• Rule 279 – Change of electronic address for service

Chapter 3 – Rights and obligations of representatives

• Rule 284 – Duty of representatives not to misrepresent facts or cases
• Rule 285 – Powers of attorney
• Rule 286 – Certificate that a representative is authorised to practice before the Court
• Rule 287 – Attorney-client privilege
• Rule 288 – Litigation privilege
• Rule 289 – Privileges, immunities and facilities
• Rule 290 – Powers of the Court as regards representatives
• Rule 291 – Exclusion from the proceedings
• Rule 292 – Patent attorneys’ right of audience
• Rule 293 – Change of a representative
• Rule 294 – Removal from the register of representatives

Chapter 4 – Stay of proceedings

• Rule 295 – Stay of proceedings
• Rule 296 – Duration and effects of a stay of proceedings
• Rule 297 – Resumption of proceedings
• Rule 298 – Accelerated proceedings before the European Patent Office

Chapter 5 – Time periods

• Rule 300 – Calculation of periods
• Rule 301 – Automatic extension of periods

Chapter 6 – Parties to proceedings

Section 1 – Plurality of parties

• Rule 302 – Plurality of claimants or patents
• Rule 303 – Plurality of defendants

Section 2 – Change in parties

• Rule 305 – Change in parties
• Rule 306 – Consequences for the proceedings

Section 3 – Death, demise or insolvency of a party

• Rule 310 – Death or demise of a party
• Rule 311 – Insolvency of a party

Section 4 – Transfer of patent

• Rule 312 – Transfer of the patent or patent application during proceedings

Section 5 – Intervention

• Rule 313 – Application to intervene
• Rule 314 – Order on Application to intervene
• Rule 315 – Statement in intervention
• Rule 316 – Invitation to intervene
• Rule 316A – Forced intervention
• Rule 317 – No appeal against an order on the Application to intervene

Section 6 – Re-establishment of rights

• Rule 320 – Re-establishment of rights

Chapter 7 – Miscellaneous provisions on languages

• Rule 321 – Application by both parties to use of the language in which the patent was granted as language of the proceedings
• Rule 322 – Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
• Rule 323 – Application by one party to use the language in which the patent was granted as language of the proceedings
• Rule 324 – Consequences where the language of the proceedings is changed in the course of the proceedings

Chapter 8 – Case management

• Rule 331 – Responsibility for case management
• Rule 332 – General principles of case management
• Rule 333 – Review of case management orders
• Rule 334 – Case management powers
• Rule 335 – Varying or revoking orders
• Rule 336 – Exercise of case management powers
• Rule 337 – Orders of the Court’s own motion
• Rule 340 – Connection Joinder

Chapter 9 – Rules relating to the organisation of the Court

• Rule 341 – Precedence
• Rule 342 – Dates, times and place of the sittings of the Court
• Rule 343 – Order in which actions are to be dealt with
• Rule 344 – Deliberations
• Rule 345 – Composition of panels and assignment of actions
• Rule 346 – Application of Article 7 of the Statute

Chapter 10 – Decisions and orders

• Rule 350 – Decisions
• Rule 351 – Orders
• Rule 352 – Binding effect of decisions or orders subject to security
• Rule 353 – Rectification of decisions and orders
• Rule 354 – Enforcement

Chapter 11 – Decision by default

• Rule 355 – Decision by default (Court of First Instance)
• Rule 356 – Application to set aside a decision by default
• Rule 357 – Decision by default (Court of Appeal)

Chapter 12 – Actions bound to fail or manifestly inadmissible

• Rule 360 – No need to adjudicate
• Rule 361 – Action manifestly bound to fail
• Rule 362 – Absolute bar to proceeding with an action
• Rule 363 – Orders dismissing manifestly inadmissible claims

Chapter 13 – Settlement

• Rule 365 – Confirmation by the Court of a settlement

Part 6 – Fees and legal aid

Court fees

• Rule 370 – Court fees
• Rule 371 – Time periods for paying court fees

Legal aid

• Rule 375 – Aim and scope
• Rule 376 – Costs eligible for legal aid
• Rule 376A – Maximum amount to be paid for representation
• Rule 377 – Conditions for granting legal aid
• Rule 377A – Conditions regarding the financial situation of the applicant
• Rule 378 – Application for legal aid
• Rule 378A – Type of proof
• Rule 379 – Examination and decision
• Rule 379A – Alteration of economic situation
• Rule 380 – Withdrawal of legal aid
• Rule 381 – Appeal
• Rule 382 – Recovery