Written procedure (UPC)

The written procedure is the first phase of proceedings before the Unified Patent Court. It is followed by an interim procedure, conducted by the judge-rapporteur, then by the oral procedure. The Rules of Procedure organise the written procedure according to a strict timetable, the aim of which is to allow a first instance decision within about one year. The written procedure concentrates the bulk of the argument: the parties must set out all their pleas and evidence from their first pleadings.

The stages of the written procedure

First, the statement of claim, lodged electronically, sets out the facts, the infringement arguments, the evidence and the requests, patent by patent and claim by claim. Next, the defendant has three months to lodge its statement of defence, which may include a counterclaim for revocation. Then the claimant replies within two months, responding where appropriate to the counterclaim and presenting its requests to amend the patent. Finally, the defendant lodges a rejoinder within one month, the rejoinder being limited to the points raised in the reply. Specific time limits apply to the response to the request to amend the patent. Preliminary objections, relating to jurisdiction, language or admissibility, must be raised within one month of service of the statement of claim.

Requirements and sanctions

Time limits are mandatory and are extended only for justified reasons. Pleas and evidence submitted late may be disregarded. The front-loading principle requires the parties to set out their whole argument from the written procedure, including prior art and auxiliary requests, the number of which is controlled by the Court. Documents must be produced in the language of proceedings or translated. The Rules of Procedure can be consulted on the website of the Unified Patent Court.

Key points

In practice, the written procedure before the UPC requires complete preparation before filing for the claimant and immediate mobilisation for the defendant, which must gather within three months its non-infringement arguments, its prior art and its experts. It contrasts with the more flexible pace of French proceedings. The firm conducts these proceedings, as presented on the pages lawyer before the Unified Patent Court and defence against an infringement allegation.