Unified Patent Court procedure guides
When is the deadline for lodge the defence to the statement for a declaration of non-infringement?
Defendant proprietor or licensee uses 2 months to lodge a Defence to the Statement for a declaration of non-infringement, measured against service of that Statement. The claimant's underlying pre-action acknowledgment gateway is not this service event. The ordinary source period remains a conditional fixed boundary, not a variable period merely because this page withholds a calculation. This guide supplies no calculated final date.
- Period
- 2 months. Required defence.
- Trigger
- service of that Statement
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67
Current UPC maintained legal index and amended Rules effective January 1, 2026, with February 2026 corrigendum retained. Agreement provisions are cross-checked against official original and maintained EPO representations. No complete worldwide amendment search or actual application acceptance is claimed.
Source guide · No automated date
Check the applicable procedure
This UPC Defence to a non-infringement declaration guide preserves the 2-months source period and its completion deadline nature. The claimant's underlying pre-action acknowledgment gateway is not this service event. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
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When is the deadline for lodge the defence to the statement for a declaration of non-infringement?
Defendant proprietor or licensee uses 2 months to lodge a Defence to the Statement for a declaration of non-infringement, measured against service of that Statement. The claimant's underlying pre-action acknowledgment gateway is not this service event. The ordinary source period remains a conditional fixed boundary, not a variable period merely because this page withholds a calculation. This guide supplies no calculated final date.
Responsible actor. defendant proprietor or licensee. required defence.
service of that Statement
The ordinary declaration of non-infringement action applies
The claimant's underlying pre-action acknowledgment gateway is not this service event.
This UPC Defence to a non-infringement declaration guide preserves the 2-months source period and its completion deadline nature. The claimant's underlying pre-action acknowledgment gateway is not this service event. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67How does this provision count time?
- lodge a Defence to the Statement for a declaration of non-infringement
- service of that Statement
- For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period.
- Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period.
Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67Which facts prevent one automatic date?
This UPC Defence to a non-infringement declaration guide preserves the 2-months source period and its completion deadline nature. The claimant's underlying pre-action acknowledgment gateway is not this service event. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
The identified actor has the document or event described by this source provision. service of that Statement must be established. The ordinary declaration of non-infringement action applies. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The claimant's underlying pre-action acknowledgment gateway is not this service event. Check that branch separately. Do not reuse another procedure's event or period.
A nominal period falls on a closed day or depends on another actual event. Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch. Preserve the stated source period. This guide does not infer a final case date.
Which conditions and exceptions apply?
- Actual operative event
- service of that Statement
- Applicable procedural branch
- The ordinary declaration of non-infringement action applies The claimant's underlying pre-action acknowledgment gateway is not this service event.
- Host-state calendar and complete act
- Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
- This UPC Defence to a non-infringement declaration guide preserves the 2-months source period and its completion deadline nature. The claimant's underlying pre-action acknowledgment gateway is not this service event. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Person doing or proposing the identified act must distinguish establish whether a declaration of non-infringement action may be brought under Rule 61.1(a) and (b), measured against the actual written application and full particulars given to the proprietor or licensee. Its stated period is 1 months and its branch is conditional pre-action gateway. That event does not replace service of that Statement for lodge a Defence to the Statement for a declaration of non-infringement. Claimant must distinguish lodge a Reply to the declaration-of-non-infringement Defence under Rule 69.1, measured against the established service event for that Defence. Its stated period is 1 months and its branch is optional reply. That event does not replace service of that Statement for lodge a Defence to the Statement for a declaration of non-infringement. Defendant must distinguish lodge a Rejoinder to the declaration-of-non-infringement Reply under Rule 69.2, measured against service of that Reply. Its stated period is 1 months and its branch is optional rejoinder. That event does not replace service of that Statement for lodge a Defence to the Statement for a declaration of non-infringement.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for lodge the defence to the statement for a declaration of non-infringement?
Who acts on lodge the defence to the statement for a declaration of non-infringement?
Defendant proprietor or licensee is the relevant actor. The act is to lodge a Defence to the Statement for a declaration of non-infringement. This branch is required defence.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67Which event starts the 2 months period?
The relevant event is service of that Statement. The actual event must be established. A catalogue label or estimated event is insufficient.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67What does Rule 67 require here?
The primary provision identifies 2 months and the act to lodge a Defence to the Statement for a declaration of non-infringement. The ordinary declaration of non-infringement action applies.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67How do weekends and holidays affect this UPC branch?
For a procedural step, Rule 300 excludes the event day and uses calendar days, named-week anniversary or calendar-month/year anniversary with missing-day clamping. Judicial vacations do not suspend the period. Rule 301 extends a procedural expiry falling on a weekend or official holiday of the court location to its next working day. Electronic non-receipt is a separate material branch.
UPC Rules of Procedure, Rules 300 and 301What changes this dni defence branch?
The claimant's underlying pre-action acknowledgment gateway is not this service event. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67Which facts must be checked for defence to a non-infringement declaration?
Check the ordinary declaration of non-infringement action applies. Confirm service of that Statement. Check the actual court location, applicable order and any permitted variation. The claimant's underlying pre-action acknowledgment gateway is not this service event.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 67 | Check the identified procedure, event, counting rule or qualification |
| UPC Rules of Procedure, Rules 300 and 301 | Check the identified procedure, event, counting rule or qualification |