Rules of Procedure
Outline
All Rules
📄️ RoP.001
Rule 1 - Application of the Rules and general principles of interpretation
📄️ RoP.002
Rule 2 - Supplementary protection certificate
📄️ RoP.003
Rule 3 - Power of staff of the Registry and a sub-registry to perform functions of the Registry
📄️ RoP.004
Rule 4 - Lodging of documents
📄️ RoP.005
Rule 5 - Lodging of an Application to opt out and withdrawal of an opt -out
📄️ RoP.005A
Rule 5A - Application to remove an unauthorised application to opt out or unauthorised withdrawal of an opt-out
📄️ RoP.006
Rule 6 - Service and supply of orders, decisions, written pleadings and other documents
📄️ RoP.007
Rule 7 - Language of written pleadings and written evidence
📄️ RoP.008
Rule 8 - Party and party’s representative
📄️ RoP.009
Rule 9 - Powers of the Court
📄️ RoP.010
Rule 10 - Stages of the proceedings (inter partes proceedings)
📄️ RoP.011
Rule 11 - Settlement
📄️ RoP.012
Rule 12 - Exchange of written pleadings (infringement action)
📄️ RoP.013
Rule 13 - Contents of the Statement of claim
📄️ RoP.014
Rule 14 - Use of languages under Article 49(1) and (2) of the Agreement
📄️ RoP.015
Rule 15 - Fee for the infringement action
📄️ RoP.016
Rule 16 - Examination as to formal requirements of the Statement of claim
📄️ RoP.017
Rule 17 - Recording in the register and assignment (Court of First Instance, infringement action)
📄️ RoP.018
Rule 18 - Designation of the judge-rapporteur
📄️ RoP.019
Rule 19 - Preliminary objection
📄️ RoP.020
Rule 20 - Decision or order on a Preliminary objection
📄️ RoP.021
Rule 21 - Appeal against decision or order on a Preliminary objection
📄️ RoP.022
Rule 22 - Determination of value-based fee for the infringement action
📄️ RoP.023
Rule 23 - Lodging of the Statement of defence
📄️ RoP.024
Rule 24 - Contents of the Statement of defence
📄️ RoP.025
Rule 25 - Counterclaim for revocation
📄️ RoP.026
Rule 26 - Fee for the Counterclaim for revocation
📄️ RoP.027
Rule 27 - Examination as to formal requirements of the Statement of defence and Counterclaim for revocation
📄️ RoP.028
Rule 28 - Further schedule
📄️ RoP.029
Rule 29 - Lodging of Defence to the Counterclaim for revocation, Reply to the Statement of defence and Rejoinder to the Reply
📄️ RoP.029A
Rule 29A - Contents of the Defence to the Counterclaim
📄️ RoP.030
Rule 30 - Application to amend the patent
📄️ RoP.032
Rule 32 - Lodging of the Defence to the Application to amend the patent, the Reply to the Defence and the Rejoinder to the Reply
📄️ RoP.033
Rule 33 - Application by a party for allocating a technically qualified judge
📄️ RoP.034
Rule 34 - Request by the judge-rapporteur for allocating a technically qualified judge
📄️ RoP.035
Rule 35 - Closure of the written procedure
📄️ RoP.036
Rule 36 - Further exchanges of written pleadings
📄️ RoP.037
Rule 37 - Application of Article 33(3) of the Agreement
📄️ RoP.038
Rule 38 - Written procedure when the central division deals with a Counterclaim for revocation under Article 33(3)(b) of the Agreement
📄️ RoP.039
Rule 39 - Language of the proceedings before the central division
📄️ RoP.040
Rule 40 - Accelerated proceedings before the central division
📄️ RoP.041
Rule 41 - Written procedure when the central division deals with the action under Article 33(3)(c) of the Agreement
📄️ RoP.042
Rule 42 - Action to be directed against the patent proprietor
📄️ RoP.043
Rule 43 - Exchange of written pleadings (revocation action)
📄️ RoP.044
Rule 44 - Contents of the Statement for revocation
📄️ RoP.045
Rule 45 - Language of the Statement for revocation
📄️ RoP.046
Rule 46 - Fee for the revocation action
📄️ RoP.047
Rule 47 - Examination as to formal requirements, r ecording in the register , assignment (Court ofFirst Instance, revocation action) and designation of the judge-rapporteur
📄️ RoP.048
Rule 48 - Preliminary objection
📄️ RoP.049
Rule 49 - Lodging of the Defence to revocation
📄️ RoP.050
Rule 50 - Contents of the Defence to revocation and Counterclaim for infringement
📄️ RoP.051
Rule 51 - Reply to Defence to revocation
📄️ RoP.052
Rule 52 - Rejoinder to the Reply
📄️ RoP.053
Rule 53 - Fee for the Counterclaim for infringement
📄️ RoP.054
Rule 54 - Examination as to formal requirements and further schedule
📄️ RoP.055
Rule 55 - Lodging of the Defence to the Application to amend the patent , the Reply to the Defence and the Rejoinder to the Reply
📄️ RoP.056
Rule 56 - Lodging of the Defence to the Counterclaim for infringement
📄️ RoP.057
Rule 57 - Request for allocating a technically qualified judge
📄️ RoP.058
Rule 58 - Closure of the written procedure subject to the possible exchange of further pleadings
📄️ RoP.060
Rule 60 - Determination of the value-based fee for the Counterclaim for infringement
📄️ RoP.061
Rule 61 - Declaration of non-infringement
📄️ RoP.062
Rule 62 - Exchange of written pleadings (action for declaration of non-infringement)
📄️ RoP.063
Rule 63 - Contents of the Statement for a declaration of non-infringement
📄️ RoP.064
Rule 64 - Language of the Statement for a declaration of non -infringement
📄️ RoP.065
Rule 65 - Examination as to formal requirements, recording in the register, assignment and designation of the judge-rapporteur
📄️ RoP.066
Rule 66 - Preliminary objection
📄️ RoP.067
Rule 67 - Lodging of the Defence to the Statement for a declaration of non-infringement
📄️ RoP.068
Rule 68 - Contents of the Defence to the Statement for a declaration of non-infringement
📄️ RoP.069
Rule 69 - Reply to Defence to the Statement for a declaration of non-infringement and Rejoinder to the Reply
📄️ RoP.070
Rule 70 - Fee for the action for a declaration of non-infringement
📄️ RoP.071
Rule 71 - Examination as to formal requirements and further schedule
📄️ RoP.072
Rule 72 - Request for allocating a technically qualified judge
📄️ RoP.073
Rule 73 - Closure of the written procedure subject to the possible exchange of further pleadings
📄️ RoP.074
Rule 74 - Value-based fee for the action for a declaration of non-infringement
📄️ RoP.075
Rule 75 - Revocation action and subsequent infringement action in a local or regional division (Article 33(5) of the Agreement)
📄️ RoP.076
Rule 76 - Actions for declaration of non-infringement within Article 33(6) of the Agreement
📄️ RoP.077
Rule 77 - Action for declaration of non-infringement and action for revocation
📄️ RoP.080
Rule 80 - Compensation for a licence of right
📄️ RoP.085
Rule 85 - Stages of the proceedings (ex parte proceedings)
📄️ RoP.086
Rule 86 - Suspensive effect
📄️ RoP.087
Rule 87 - Grounds for annulling or altering a decision of the Office
📄️ RoP.088
Rule 88 - Application to annul or alter a decision of the Office
📄️ RoP.089
Rule 89 - Examination as to formal requirements (ex parte proceedings)
📄️ RoP.090
Rule 90 - Recording in the register (ex parte proceedings)
📄️ RoP.091
Rule 91 - Interlocutory revision by the European Patent Office
📄️ RoP.092
Rule 92 - Assignment to panel or to single judge, designation of judge-rapporteur
📄️ RoP.093
Rule 93 - Examination of the Application to annul or alter a decision of the Office
📄️ RoP.094
Rule 94 - Invitation to the President of the European Patent Office to comment
📄️ RoP.095
Rule 95 - Lex specialis for the interim procedure (ex parte procedure)
📄️ RoP.096
Rule 96 - Lex specialis for the oral procedure ( ex parte procedure)
📄️ RoP.097
Rule 97 - Application to annul a decision of the Office to reject a request for unitary effect
📄️ RoP.098
Rule 98 - Costs
📄️ RoP.101
Rule 101 - Role of the judge-rapporteur (Case management)
📄️ RoP.102
Rule 102 - Referral to the panel
📄️ RoP.103
Rule 103 - Preparation for the interim conference
📄️ RoP.104
Rule 104 - Aim of the interim conference
📄️ RoP.105
Rule 105 - Holding the interim conference
📄️ RoP.106
Rule 106 - Recording of the interim conference
📄️ RoP.108
Rule 108 - Summons to the oral hearing
📄️ RoP.109
Rule 109 - Simultaneous interpretation during oral hearings
📄️ RoP.110
Rule 110 - Closure of the interim procedure
📄️ RoP.111
Rule 111 - Role of the presiding judge (Case management)
📄️ RoP.112
Rule 112 - Conduct of the oral hearing
📄️ RoP.113
Rule 113 - Duration of the oral hearing
📄️ RoP.114
Rule 114 - Adjournment where the Court considers that further evidence is required
📄️ RoP.115
Rule 115 - The oral hearing
📄️ RoP.116
Rule 116 - Absence of a party from the oral hearing
📄️ RoP.117
Rule 117 - Absence of both parties from the oral hearing
📄️ RoP.118
Rule 118 - Decision on the merits
📄️ RoP.119
Rule 119 - Interim award of damages
📄️ RoP.125
Rule 125 - Separate proceedings for determining the amount of damages ordered
📄️ RoP.126
Rule 126 - Start of proceedings for the determination of damages
📄️ RoP.131
Rule 131 - Contents of the Application for the determination of damages
📄️ RoP.132
Rule 132 - Fee for the Application for the determination of damages
📄️ RoP.133
Rule 133 - Determination of the value-based fee for the determination of damages
📄️ RoP.134
Rule 134 - Examination as to formal requirements of the Application for the determination of damages
📄️ RoP.135
Rule 135 - Recording in the register (Application for the determination of damages) and service
📄️ RoP.136
Rule 136 - Stay of the Application for a determination of damages
📄️ RoP.137
Rule 137 - Reply of the unsuccessful party
📄️ RoP.138
Rule 138 - Contents of the Defence to the Application for the determination of damages
📄️ RoP.139
Rule 139 - Reply to the Defence to the Application for the determination of damages and Rejoinder to the Reply
📄️ RoP.140
Rule 140 - Further procedure (Application for the determination of damages)
📄️ RoP.141
Rule 141 - Contents of the Request to lay open books
📄️ RoP.142
Rule 142 - Defence of the unsuccessful party, Reply to the Defence and Rejoinder to the Reply
📄️ RoP.143
Rule 143 - Further procedure
📄️ RoP.144
Rule 144 - Decision on the Request to lay open books
📄️ RoP.150
Rule 150 - Separate proceedings for cost decision
📄️ RoP.151
Rule 151 - Start of proceedings for cost decision
📄️ RoP.152
Rule 152 - Compensation for representation costs
📄️ RoP.153
Rule 153 - Compensation for costs of experts
📄️ RoP.154
Rule 154 - Compensation for costs of witnesses
📄️ RoP.155
Rule 155 - Compensation for costs of interpreters and translators
📄️ RoP.156
Rule 156 - Further procedure
📄️ RoP.157
Rule 157 - Appeal against the cost decision
📄️ RoP.158
Rule 158 - Security for costs of a party
📄️ RoP.159
Rule 159 - Security for costs of the Court
📄️ RoP.170
Rule 170 - Means of evidence and means of obtaining evidence
📄️ RoP.171
Rule 171 - Offering of evidence
📄️ RoP.172
Rule 172 - Duty to produce evidence
📄️ RoP.173
Rule 173 - Judicial Cooperation in the taking of evidence
📄️ RoP.175
Rule 175 - Written witness statement
📄️ RoP.176
Rule 176 - Application for the hearing of a witness in person
📄️ RoP.177
Rule 177 - Summoning of witnesses to the oral hearing
📄️ RoP.178
Rule 178 - Hearing of witnesses
📄️ RoP.179
Rule 179 - Duties of witnesses
📄️ RoP.180
Rule 180 - Reimbursement of expenses of witnesses
📄️ RoP.181
Rule 181 - Experts of the parties
📄️ RoP.185
Rule 185 - Appointment of a court expert
📄️ RoP.186
Rule 186 - Duties of a court expert
📄️ RoP.187
Rule 187 - Expert report
📄️ RoP.188
Rule 188 - Hearing of a court expert
📄️ RoP.190
Rule 190 - Order to produce evidence
📄️ RoP.191
Rule 191 - Application for order to communicate information
📄️ RoP.192
Rule 192 - Application for preserving evidence
📄️ RoP.193
Rule 193 - Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
📄️ RoP.194
Rule 194 - Examination of the Application for preserving evidence
📄️ RoP.195
Rule 195 - Oral hearing
📄️ RoP.196
Rule 196 - Order on the Application for preserving evidence
📄️ RoP.197
Rule 197 - Order to preserve evidence without hearing the defendant
📄️ RoP.198
Rule 198 - Revocation of an order to preserve evidence
📄️ RoP.199
Rule 199 - Order for inspection
📄️ RoP.200
Rule 200 - Order to freeze assets
📄️ RoP.201
Rule 201 - Experiments ordered by the Court
📄️ RoP.205
Rule 205 - Stages of the proceedings (summary proceedings)
📄️ RoP.206
Rule 206 - Application for provisional measures
📄️ RoP.207
Rule 207 - Protective letter
📄️ RoP.208
Rule 208 - Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge
📄️ RoP.209
Rule 209 - Examination of the Application for provisional measures
📄️ RoP.210
Rule 210 - Oral hearing
📄️ RoP.211
Rule 211 - Order on the Application for provisional measures
📄️ RoP.212
Rule 212 - Order on provisional measures without hearing the defendant
📄️ RoP.213
Rule 213 - Revocation of provisional measures
📄️ RoP.220
Rule 220 - Appealable decisions
📄️ RoP.221
Rule 221 - Application for leave to appeal against cost decisions
📄️ RoP.222
Rule 222 - Subject -matter of the proceedings before the Court of Appeal
📄️ RoP.223
Rule 223 - Application for suspensive effect
📄️ RoP.224
Rule 224 - Time periods for lodging the Statement of appeal and the Statement of grounds of appeal
📄️ RoP.225
Rule 225 - Contents of the Statement of appeal
📄️ RoP.226
Rule 226 - Contents of the Statement of grounds of appeal
📄️ RoP.227
Rule 227 - Language of the Statement of appeal and of the Statement of grounds of appeal
📄️ RoP.228
Rule 228 - Fee for the appeal
📄️ RoP.229
Rule 229 - Examination as to formal requirements of the Statement of appeal
📄️ RoP.230
Rule 230 - Recording in the register (Court of Appeal)
📄️ RoP.231
Rule 231 - Designation of the judge-rapporteur
📄️ RoP.232
Rule 232 - Translation of file
📄️ RoP.233
Rule 233 - Preliminary examination of the Statement of grounds of appeal
📄️ RoP.234
Rule 234 - Challenge to the decision to reject an appeal as inadmissible
📄️ RoP.235
Rule 235 - Statement of response
📄️ RoP.236
Rule 236 - Contents of the Statement of response
📄️ RoP.237
Rule 237 - Statement of cross-appeal
📄️ RoP.238
Rule 238 - Reply to a Statement of cross-appeal and further schedule
📄️ RoP.239
Rule 239 - Role of the judge-rapporteur
📄️ RoP.240
Rule 240 - Conduct of the oral hearing
📄️ RoP.241
Rule 241 - Conduct of the oral hearing for an appeal of a cost decision
📄️ RoP.242
Rule 242 - Decision of the Court of Appeal
📄️ RoP.243
Rule 243 - Referral back
📄️ RoP.245
Rule 245 - Lodging of an Application for rehearing
📄️ RoP.246
Rule 246 - Contents of the Application for rehearing
📄️ RoP.247
Rule 247 - Fundamental procedural defects
📄️ RoP.248
Rule 248 - Obligation to raise objections
📄️ RoP.249
Rule 249 - Definition of criminal offence
📄️ RoP.250
Rule 250 - Fee for the rehearing
📄️ RoP.251
Rule 251 - Recording in the register
📄️ RoP.252
Rule 252 - Suspensive effect
📄️ RoP.253
Rule 253 - Examination as to formal requirements of the Application for rehearing
📄️ RoP.254
Rule 254 - Assignment of Application for rehearing to a panel
📄️ RoP.255
Rule 255 - Examinatio n of the Application for rehearing
📄️ RoP.260
Rule 260 - Examination by the Registry of its own motion
📄️ RoP.261
Rule 261 - Date of pleadings
📄️ RoP.262
Rule 262 - Public access to the register
📄️ RoP.263
Rule 263 - Leave to change claim or amend case
📄️ RoP.264
Rule 264 - An opportunity to be heard
📄️ RoP.265
Rule 265 - Withdrawal
📄️ RoP.266
Rule 266 - Preliminary references to the Court of Justice of the European Union
📄️ RoP.267
Rule 267 - Actions pursuant to Article 22 of the Agreement
📄️ RoP.270
Rule 270 - Scope of this Section
📄️ RoP.271
Rule 271 - Service of the Statement of claim
📄️ RoP.272
Rule 272 - Notice of service and non-service of the Statement of claim
📄️ RoP.273
Rule 273 - Scope of this Section
📄️ RoP.274
Rule 274 - Service outside the Contracting Member States
📄️ RoP.275
Rule 275 - Service of the Statement of claim by an alternative method or at an alternative place
📄️ RoP.276
Rule 276 - Service of orders and decisions
📄️ RoP.277
Rule 277 - Decisions by default under Part 5, Chapter 11
📄️ RoP.278
Rule 278 - Service of written pleadings and other documents
📄️ RoP.279
Rule 279 - Change of electronic address for service
📄️ RoP.284
Rule 284 - Duty of representatives not to misrepresent facts or cases
📄️ RoP.285
Rule 285 - Powers of attorney
📄️ RoP.286
Rule 286 - Certificate that a representative is authorised to practice before the Court
📄️ RoP.287
Rule 287 - Attorney -client privilege
📄️ RoP.288
Rule 288 - Litigation privilege
📄️ RoP.289
Rule 289 - Privileges, immunities and facilities
📄️ RoP.290
Rule 290 - Powers of the Court as regards representatives
📄️ RoP.291
Rule 291 - Exclusion from the proceedings
📄️ RoP.292
Rule 292 - Patent attorneys ’ right of audience
📄️ RoP.293
Rule 293 - Change of a representative
📄️ RoP.294
Rule 294 - Removal from the register of representatives
📄️ RoP.295
Rule 295 - Stay of proceedings
📄️ RoP.296
Rule 296 - Duration and effects of a stay of proceedings
📄️ RoP.297
Rule 297 - Resumption of proceedings
📄️ RoP.298
Rule 298 - Accelerated proceedings before the European Patent Office
📄️ RoP.300
Rule 300 - Calculation of periods
📄️ RoP.301
Rule 301 - Automatic extension of periods
📄️ RoP.302
Rule 302 - Plurality of claimants or patents
📄️ RoP.303
Rule 303 - Plurality of defendants
📄️ RoP.305
Rule 305 - Change in parties
📄️ RoP.306
Rule 306 - Consequences for the proceedings
📄️ RoP.310
Rule 310 - Death or demise of a party
📄️ RoP.311
Rule 311 - Insolvency of a party
📄️ RoP.312
Rule 312 - Transfer of the patent or patent application during proceedings
📄️ RoP.313
Rule 313 - Application to intervene
📄️ RoP.314
Rule 314 - Order on Application to intervene
📄️ RoP.315
Rule 315 - Statement in intervention
📄️ RoP.316
Rule 316 - Invitation to intervene
📄️ RoP.316A
Rule 316A - Forced intervention
📄️ RoP.317
Rule 317 - No appeal against an order on the Application to intervene
📄️ RoP.320
Rule 320 - Re-establishment of rights
📄️ RoP.321
Rule 321 - Application by both parties to use of the language in which the patent was granted as language of the proceedings
📄️ RoP.322
Rule 322 - Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings
📄️ RoP.323
Rule 323 - Application by one party to use the language in which the patent was granted as language of the proceedings
📄️ RoP.324
Rule 324 - Consequences where the language of the proceedings is changed in the course of the proceedings
📄️ RoP.331
Rule 331 - Responsibility for case management
📄️ RoP.332
Rule 332 - General principles of case management
📄️ RoP.333
Rule 333 - Review of case management orders
📄️ RoP.334
Rule 334 - Case management powers
📄️ RoP.335
Rule 335 - Varying or revoking orders
📄️ RoP.336
Rule 336 - Exercise of case management powers
📄️ RoP.337
Rule 337 - Orders of the Court ’s own motion
📄️ RoP.340
Rule 340 - Connection Joinder
📄️ RoP.341
Rule 341 - Precedence
📄️ RoP.342
Rule 342 - Dates, times and place of the sittings of the Court
📄️ RoP.343
Rule 343 - Order in which actions are to be dealt with
📄️ RoP.344
Rule 344 - Deliberations
📄️ RoP.345
Rule 345 - Composition of panels and assignment of actions
📄️ RoP.346
Rule 346 - Application of Article 7 of the Statute
📄️ RoP.350
Rule 350 - Decisions
📄️ RoP.352
Rule 352 - Binding effect of decisions or orders subject to security
📄️ RoP.353
Rule 353 - Rectification of decisions and orders
📄️ RoP.354
Rule 354 - Enforcement
📄️ RoP.355
Rule 355 - Decision by default (Court of First Instance)
📄️ RoP.356
Rule 356 - Application to set aside a decision by default
📄️ RoP.357
Rule 357 - Decision by default (Court of Appeal)
📄️ RoP.360
Rule 360 - No need to adjudicate
📄️ RoP.361
Rule 361 - Action manifestly bound to fail
📄️ RoP.362
Rule 362 - Absolute bar to proceeding with an action
📄️ RoP.363
Rule 363 - Orders dismissing manifestly inadmissible claims
📄️ RoP.365
Rule 365 - Confirmation by the Court of a settlement
📄️ RoP.370
Rule 370 - Court fees
📄️ RoP.371
Rule 371 - Time periods for paying court fees
📄️ RoP.375
Rule 375 - Aim and scope
📄️ RoP.376
Rule 376 - Costs eligible for legal aid
📄️ RoP.377
Rule 377 - Conditions for granting legal aid
📄️ RoP.377A
Rule 377A - Conditions regarding the financial situation of the applicant
📄️ RoP.378
Rule 378 - Application for legal aid
📄️ RoP.379
Rule 379 - Examination and decision
📄️ RoP.380
Rule 380 - Withdrawal of legal aid
📄️ RoP.381
Rule 381 - Appeal
📄️ RoP.382
Rule 382 - Recovery