Revocation Action

Module group

Revocation proceedings

CMS actors

Claimant

Clerk

Defendant

Judge

A Revocation action or Declaration of invalidity in the UPC is a legal proceeding to challenge the validity of a European patent or supplementary protection certificate (SPC). The action can be brought by any person who has a legitimate interest in doing so, such as a competitor of the patent holder or a company that is accused of infringing the patent.

In the main menu, navigate to First Instance > Actions and click on Revocation action / Declaration of invalidity
Read the guidance
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

Other

Appeal RoP220.1

The Statement of Appeal must be lodged within the two months of service of either a final decision of the Court of First Instance or any decisions terminating one party’s proceedings (RoP220 (a) or (b)) pursuant to RoP 224(a).

The judge may invite the party to comment with a decision being issued within 3 weeks of receipt of the Statement of Appeal by the Registry and appeals against separate decisions relating to infringement and validity may be heard at the same time.

Note that this appeal scenario is based on the language of proceedings at the Court of First Instance being selected and preliminary examination resulting in the Statement of grounds of appeal complying with RoP226.

Introduction to the UPC CMS

The Case Management System is the core collaboration platform for performing the judicial tasks of the UPC. It is the official channel to access the Court and to perform activities with legal validity, and it provides the technical environment for interactions of the UPC staff as well as between the UPC internal and external users.

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Other

Appeal RoP220.1

Introduction to the UPC CMS