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Unified Patent Court procedure guides

When is the deadline for reply to the defence to the statement for a declaration of non-infringement?

Claimant uses 1 month to lodge a Reply to the declaration-of-non-infringement Defence, measured against the established service event for that Defence. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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.

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Read why no date is calculated
Period
1 months. Optional reply.
Trigger
the established service event for that Defence
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1

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 Reply in a non-infringement declaration action guide preserves the 1-months source period and its optional step nature. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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 69.1

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When is the deadline for reply to the defence to the statement for a declaration of non-infringement?

Claimant uses 1 month to lodge a Reply to the declaration-of-non-infringement Defence, measured against the established service event for that Defence. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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. claimant. optional reply.

the established service event for that Defence

The Defence to the declaration-of-non-infringement claim has been served

Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim.

This UPC Reply in a non-infringement declaration action guide preserves the 1-months source period and its optional step nature. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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 69.1

How does this provision count time?

  1. lodge a Reply to the declaration-of-non-infringement Defence
  2. the established service event for that Defence
  3. 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.
  4. 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 69.1

Which facts prevent one automatic date?

This UPC Reply in a non-infringement declaration action guide preserves the 1-months source period and its optional step nature. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

The identified actor has the document or event described by this source provision. the established service event for that Defence must be established. The Defence to the declaration-of-non-infringement claim has been served. No final date is supplied without the applicable court location and complete facts.

A different order, actual service event or procedural track applies. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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
the established service event for that Defence
Applicable procedural branch
The Defence to the declaration-of-non-infringement claim has been served Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim.
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.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1
  • This UPC Reply in a non-infringement declaration action guide preserves the 1-months source period and its optional step nature. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. 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 the established service event for that Defence for lodge a Reply to the declaration-of-non-infringement Defence. Defendant proprietor or licensee must distinguish lodge a Defence to the Statement for a declaration of non-infringement under Rule 67, measured against service of that Statement. Its stated period is 2 months and its branch is required defence. That event does not replace the established service event for that Defence for lodge a Reply to the declaration-of-non-infringement Defence. 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 the established service event for that Defence for lodge a Reply to the declaration-of-non-infringement Defence.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for reply to the defence to the statement for a declaration of non-infringement?

Who acts on reply to the defence to the statement for a declaration of non-infringement?

Claimant is the relevant actor. The act is to lodge a Reply to the declaration-of-non-infringement Defence. This branch is optional reply.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1

Which event starts the 1 month period?

The relevant event is the established service event for that Defence. 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 69.1

What does Rule 69.1 require here?

The primary provision identifies 1 month and the act to lodge a Reply to the declaration-of-non-infringement Defence. The Defence to the declaration-of-non-infringement claim has been served.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1

How 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 301

What changes this dni reply branch?

Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1

Which facts must be checked for reply in a non-infringement declaration action?

Check the defence to the declaration-of-non-infringement claim has been served. Confirm the established service event for that Defence. Check the actual court location, applicable order and any permitted variation. Rule 69.1 states one month without repeating the event. Confirm the actual served Defence rather than assume receipt of the original claim.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 69.1Check the identified procedure, event, counting rule or qualification
UPC Rules of Procedure, Rules 300 and 301Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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