Oral procedure and hearing (UPC)

The oral procedure is the third phase of proceedings before the Unified Patent Court, after the written procedure and the interim procedure. It is governed by Rules 111 et seq. of the Rules of Procedure. The oral procedure is generally concentrated in a single day of hearing, which distinguishes it from the practice of some national courts and requires rigorous preparation.

The interim procedure

First, the judge-rapporteur prepares the hearing: identifying the main issues, checking that the necessary evidence has been produced and, where appropriate, ordering measures such as the hearing of witnesses or the appointment of a court expert. Next, the judge-rapporteur holds an interim conference, most often by video conference, during which the timetable of the hearing is set, the parties are invited to clarify their requests and the possibility of an amicable settlement is explored, including by referral to the mediation and arbitration centre. Finally, the judge-rapporteur may decide on the participation of a technically qualified judge in the panel. The interim procedure should in principle be completed within three months of the closure of the written procedure.

The hearing

The hearing takes place before the full panel, chaired by the presiding judge. It is public, subject to confidentiality measures. The parties plead in the language of proceedings, with simultaneous interpretation if necessary. The panel asks questions and may hear the witnesses and experts whose examination has been ordered, the parties being able to question them. The hearing lasts in principle one day, sometimes two for complex cases. No new plea or new evidence may be presented at the hearing, save exceptional leave. The panel deliberates afterwards and gives its decision in writing, in principle within six weeks, with its reasons.

Key points

In practice, a hearing before the UPC is won during the written procedure and lost by oral argument that ignores the judge-rapporteur’s questions. Preparation focuses on prioritising arguments, anticipating the panel’s questions and managing speaking time. The firm pleads before the local divisions and the central division, as presented on the page lawyer before the Unified Patent Court. The Rules of Procedure can be consulted on the website of the Unified Patent Court.