In response to a Revocation Action being filed, the Defendant has two months from the service of the Statement for revocation to lodge a Defence to revocation, which may include a Counterclaim for Infringement and/or an Application to amend the patent. The counterclaim shall contain details pursuant to RoP50.3. The counterclaim must be lodged on the same day that the Defence to revocation is lodged.
It’s important to remember that it is not possible for the defendant in the main proceeding to commence this related proceeding without confirming the party's details in the main proceeding.
Note that on the CMS the Counterclaim for infringement is a separate case from the Revocation Action, with a separate workflow and proceeding number. Therefore the defendant in the Revocation now takes the role of claimant, and the claimant becomes the defendant in this procedure.
Roles of the parties indicated in the following paragraphs refer to the Counterclaim for infringement parties on the CMS, e.g. “ACTOR Claimant” in the Counterclaim CMS case shall be read as “Defendant” according to the Rules of Procedure
The Claimant starts a Counterclaim for infringement:
In the main menu, navigate to First Instance
Click on Counterclaims and Application to amend the patent
Click on Counterclaim for infringement
Read the guidance
Enter the Action Number relating to the main Rrevocation proceeding
Click START
As the case is created, you will see a temporary page with a case number assigned by the CMS
You will be automatically redirected to the case detail page where you can begin the procedure
