Revocation action before the UPC

Oral procedure

Decision on the merits

Patent held valid, partially valid or revoked for the UPC Member States

If Counterclaim: Decision on infringement

at the end of the oral hearing or six weeks after the oral hearing

Oral hearing (1 day)

Interim procedure
(3 months)

During the interim conference, the judge-rapporteur may:
- identify the main issues, the relevant facts in dispute and clarify the positions of the parties
- explore settlement possibilities
- issue orders regarding production of further pleadings, documents, experts, experiments,
inspections, further written evidence, oral evidence, preparation and statement of witnesses
- decide the value of the action (in case of Counterclaim for infringement)
- decide the value of the proceeding for assessing the recoverable costs

The judge-rapporteur may hold one or more interim conferences
most probably by visio conference to prepare the oral hearing

Written procedure before Central division
(6 months)

Further exchanges of written pleadings may be allowed by the judge-rapporteur before the date of closure of the written pleadings if requested by one party

2 months

1 month

2 months

1 month

2 months

1 month

2 months

1 month

Statement for revocation
Costs: 20 000 Euros
Grounds: art. 138 EPC
and art.139 (2) EPC

Preliminary objection

Defence to revocation

Reply to the Defence to revocation

Rejoinder
(limited to the matters raised in the Reply)

Application to amend the patent
(auxiliary requests allowed)

Defence to an Application
to amend the patent

Reply to the Defence to the Application
to amend the patent

Rejoinder
(limited to the matters raised in the Reply)

Counterclaim for infringement
Costs: 11 000 Euros
+ value based-fee

Defence to the Counterclaim of infringement

Reply to the Counterclaim for infringement

Rejoinder
(limited to the matters raised in the Reply)

Revocation

Statement for revocation
Costs: 20 000 Euros
Grounds: art. 138 EPC
and art.139 (2) EPC

↑ 1 month for a preliminary objection

Preliminary objection

↑ 2 months from the Statement for revocation

Defence to revocation

↑ 2 months

Reply to the Defence to revocation

↑ 1 month

Rejoinder
(limited to the matters raised in the Reply)

Application to amend the patent

Application to amend the patent
(auxiliary requests allowed)

↑ 2 months

Defence to an Application
to amend the patent

↑ 1 month

Reply to the Defence to the Application
to amend the patent

↑ 1 month

Rejoinder
(limited to the matters raised in the Reply)

Counterclaim for infringement

Counterclaim for infringement
Costs: 11 000 Euros
+ value based-fee

↑ 2 months

Defence to the Counterclaim of infringement

↑ 1 month

Reply to the Counterclaim for infringement

↑ 1 month

Rejoinder
(limited to the matters raised in the Reply)

When:
Any time from the grant of UP / EP (no opt-out) / SPC

Who:
Any person or legal body concerned by the patent

Where:
Central division or, if the parties agree, Local or Regional division
Reminder: the seat of the Central division is in Paris; a section is located in Munich, and another one (expected) in Milan, with a distribution of the files according to the technical field
(see our Information sheet: “UPC Organization”)

Language:
- Language of the patent (Central division)
- One of the official language or one of the designated EPO languages (Local or Regional division)

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Oral procedure

Decision on the merits

Interim procedure(3 months)

Written procedure before Central division(6 months)

Revocation

Application to amend the patent

Counterclaim for infringement

Oral procedure

Decision on the merits

Interim procedure(3 months)

Written procedure before Central division(6 months)

Revocation

Application to amend the patent

Counterclaim for infringement

Interim procedure
(3 months)

Written procedure before Central division
(6 months)

Interim procedure
(3 months)

Written procedure before Central division
(6 months)