Unified Patent Court procedure guides
When is the deadline for counterclaim for revocation (must be contained in the statement of defence)?
Defendant asserting invalidity uses 3 months to include a Counterclaim for revocation in the Statement of defence, measured against service of the Statement of claim. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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. Required conditional counterclaim.
- Trigger
- service of the Statement of claim
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1
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 Counterclaim revocation guide preserves the 3-months source period and its completion deadline nature. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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 25.1What lawyers say
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When is the deadline for counterclaim for revocation (must be contained in the statement of defence)?
Defendant asserting invalidity uses 3 months to include a Counterclaim for revocation in the Statement of defence, measured against service of the Statement of claim. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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 asserting invalidity. required conditional counterclaim.
service of the Statement of claim
The Statement of defence asserts that the patent is invalid
The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted.
This UPC Counterclaim revocation guide preserves the 3-months source period and its completion deadline nature. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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 25.1How does this provision count time?
- include a Counterclaim for revocation in the Statement of defence
- service of the Statement of claim
- 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 25.1Which facts prevent one automatic date?
This UPC Counterclaim revocation guide preserves the 3-months source period and its completion deadline nature. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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 the Statement of claim must be established. The Statement of defence asserts that the patent is invalid. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. 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 the Statement of claim
- Applicable procedural branch
- The Statement of defence asserts that the patent is invalid The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted.
- 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 Counterclaim revocation guide preserves the 3-months source period and its completion deadline nature. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Claimant must distinguish correct the Statement of claim deficiencies under Rule 16.3(a), measured against service of the Registry correction notification. Its stated period is 14 days and its branch is required conditional correction. That event does not replace service of the Statement of claim for include a Counterclaim for revocation in the Statement of defence. Claimant must distinguish pay the applicable infringement action fee under Rule 16.3(b), measured against service of the Registry payment notification. Its stated period is 14 days and its branch is required conditional payment. That event does not replace service of the Statement of claim for include a Counterclaim for revocation in the Statement of defence. Defendant must distinguish lodge a Preliminary objection under Rule 19.1, measured against service of the Statement of claim. Its stated period is 1 months and its branch is optional objection right. That event does not replace service of the Statement of claim for include a Counterclaim for revocation in the Statement of defence.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for counterclaim for revocation (must be contained in the statement of defence)?
Who acts on counterclaim for revocation (must be contained in the statement of defence)?
Defendant asserting invalidity is the relevant actor. The act is to include a Counterclaim for revocation in the Statement of defence. This branch is required conditional counterclaim.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1Which event starts the 3 months period?
The relevant event is service of the Statement of claim. 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 25.1What does Rule 25.1 require here?
The primary provision identifies 3 months and the act to include a Counterclaim for revocation in the Statement of defence. The Statement of defence asserts that the patent is invalid.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1How 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 counterclaim revocation branch?
The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1Which facts must be checked for counterclaim revocation?
Check the statement of defence asserts that the patent is invalid. Confirm service of the Statement of claim. Check the actual court location, applicable order and any permitted variation. The counterclaim belongs in the defence. It does not receive a fresh period starting when invalidity is asserted.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 25.1 | Check the identified procedure, event, counting rule or qualification |
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23 | 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 |