Unified Patent Court procedure guides
When is the deadline for window for a later infringement action to trigger a mandatory stay of the central division dni action?
Central-division panel uses 3 months to compare the Registry-attributed dates for the co-pending actions, measured against the Registry-attributed date of the declaration-of-non-infringement action. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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
- 3 months. Conditional mandatory stay.
- Trigger
- the Registry-attributed date of the declaration-of-non-infringement action
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3
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 Later infringement and the declaration stay window guide preserves the 3-months source period and its procedural window nature. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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 76.1 to 76.3What lawyers say
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When is the deadline for window for a later infringement action to trigger a mandatory stay of the central division dni action?
Central-division panel uses 3 months to compare the Registry-attributed dates for the co-pending actions, measured against the Registry-attributed date of the declaration-of-non-infringement action. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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. central-division panel. conditional mandatory stay.
the Registry-attributed date of the declaration-of-non-infringement action
The later infringement action concerns the same patent and same alleged infringement in a local or regional division
This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible.
This UPC Later infringement and the declaration stay window guide preserves the 3-months source period and its procedural window nature. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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 76.1 to 76.3How does this provision count time?
- compare the Registry-attributed dates for the co-pending actions
- the Registry-attributed date of the declaration-of-non-infringement action
- 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.
- This output is a conditional procedural boundary, not proof of filing, actual service, register removal or a court decision. Verify the stated actual facts before any calculation.
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.
This output is a conditional procedural boundary, not proof of filing, actual service, register removal or a court decision. Verify the stated actual facts before any calculation.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3Which facts prevent one automatic date?
This UPC Later infringement and the declaration stay window guide preserves the 3-months source period and its procedural window nature. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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. the Registry-attributed date of the declaration-of-non-infringement action must be established. The later infringement action concerns the same patent and same alleged infringement in a local or regional division. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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. This output is a conditional procedural boundary, not proof of filing, actual service, register removal or a court decision. Verify the stated actual facts before any calculation. Preserve the stated source period. This guide does not infer a final case date.
Which conditions and exceptions apply?
- Actual operative event
- the Registry-attributed date of the declaration-of-non-infringement action
- Applicable procedural branch
- The later infringement action concerns the same patent and same alleged infringement in a local or regional division This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible.
- Host-state calendar and complete act
- This output is a conditional procedural boundary, not proof of filing, actual service, register removal or a court decision. Verify the stated actual facts before any calculation.
- This UPC Later infringement and the declaration stay window guide preserves the 3-months source period and its procedural window nature. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. 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 Registry-attributed date of the declaration-of-non-infringement action for compare the Registry-attributed dates for the co-pending actions. 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 Registry-attributed date of the declaration-of-non-infringement action for compare the Registry-attributed dates for the co-pending actions. 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 the Registry-attributed date of the declaration-of-non-infringement action for compare the Registry-attributed dates for the co-pending actions.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for window for a later infringement action to trigger a mandatory stay of the central division dni action?
Who acts on window for a later infringement action to trigger a mandatory stay of the central division dni action?
Central-division panel is the relevant actor. The act is to compare the Registry-attributed dates for the co-pending actions. This branch is conditional mandatory stay.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3Which event starts the 3 months period?
The relevant event is the Registry-attributed date of the declaration-of-non-infringement action. 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 76.1 to 76.3What does Rule 76.1 to 76.3 require here?
The primary provision identifies 3 months and the act to compare the Registry-attributed dates for the co-pending actions. The later infringement action concerns the same patent and same alleged infringement in a local or regional division.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3How 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. This output is a conditional procedural boundary, not proof of filing, actual service, register removal or a court decision. Verify the stated actual facts before any calculation.
UPC Rules of Procedure, Rules 300 and 301What changes this dni stay window branch?
This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3Which facts must be checked for later infringement and the declaration stay window?
Check the later infringement action concerns the same patent and same alleged infringement in a local or regional division. Confirm the Registry-attributed date of the declaration-of-non-infringement action. Check the actual court location, applicable order and any permitted variation. This is a court stay gateway. The later infringement action's attributed date is mandatory. Outside the window another discretionary stay may remain possible.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 76.1 to 76.3 | 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 |