Unified Patent Court procedure guides
When is the deadline for lodge the statement of defence?
Defendant uses 3 months to lodge a Statement of defence, measured against service of the Statement of claim. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 defence.
- Trigger
- service of the Statement of claim
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23
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 Statement of defence guide preserves the 3-months source period and its completion deadline nature. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 statement of defence?
Defendant uses 3 months to lodge a Statement of defence, measured against service of the Statement of claim. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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. required defence.
service of the Statement of claim
The ordinary infringement written procedure applies and no different order controls
A pending Preliminary objection leaves this period intact unless a judge orders otherwise.
This UPC Statement of defence guide preserves the 3-months source period and its completion deadline nature. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 23How does this provision count time?
- lodge a 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 23Which facts prevent one automatic date?
This UPC Statement of defence guide preserves the 3-months source period and its completion deadline nature. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 ordinary infringement written procedure applies and no different order controls. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 ordinary infringement written procedure applies and no different order controls A pending Preliminary objection leaves this period intact unless a judge orders otherwise.
- 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 Statement of defence guide preserves the 3-months source period and its completion deadline nature. A pending Preliminary objection leaves this period intact unless a judge orders otherwise. 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 lodge a 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 lodge a 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 lodge a Statement of defence.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for lodge the statement of defence?
Who acts on lodge the statement of defence?
Defendant is the relevant actor. The act is to lodge a Statement of defence. This branch is required defence.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23Which 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 23What does Rule 23 require here?
The primary provision identifies 3 months and the act to lodge a Statement of defence. The ordinary infringement written procedure applies and no different order controls.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23How 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 statement of defence branch?
A pending Preliminary objection leaves this period intact unless a judge orders otherwise. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23Which facts must be checked for statement of defence?
Check the ordinary infringement written procedure applies and no different order controls. Confirm service of the Statement of claim. Check the actual court location, applicable order and any permitted variation. A pending Preliminary objection leaves this period intact unless a judge orders otherwise.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 23Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| 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 |