Unified Patent Court procedure guides
When is the deadline for defence to the counterclaim for infringement?
Revocation claimant uses 2 months to lodge a Defence to the Counterclaim for infringement, measured against service of the Counterclaim for infringement. Do not start from the original revocation claim or from a later Reply. 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 conditional defence.
- Trigger
- service of the Counterclaim for infringement
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1
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 Defence to counterclaim infringement guide preserves the 2-months source period and its completion deadline nature. Do not start from the original revocation claim or from a later Reply. 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 56.1What lawyers say
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When is the deadline for defence to the counterclaim for infringement?
Revocation claimant uses 2 months to lodge a Defence to the Counterclaim for infringement, measured against service of the Counterclaim for infringement. Do not start from the original revocation claim or from a later Reply. 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. revocation claimant. required conditional defence.
service of the Counterclaim for infringement
The revocation defendant has served an infringement counterclaim
Do not start from the original revocation claim or from a later Reply.
This UPC Defence to counterclaim infringement guide preserves the 2-months source period and its completion deadline nature. Do not start from the original revocation claim or from a later Reply. 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 56.1How does this provision count time?
- lodge a Defence to the Counterclaim for infringement
- service of the Counterclaim for infringement
- 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 56.1Which facts prevent one automatic date?
This UPC Defence to counterclaim infringement guide preserves the 2-months source period and its completion deadline nature. Do not start from the original revocation claim or from a later Reply. 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 Counterclaim for infringement must be established. The revocation defendant has served an infringement counterclaim. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. Do not start from the original revocation claim or from a later Reply. 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 Counterclaim for infringement
- Applicable procedural branch
- The revocation defendant has served an infringement counterclaim Do not start from the original revocation claim or from a later Reply.
- 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 counterclaim infringement guide preserves the 2-months source period and its completion deadline nature. Do not start from the original revocation claim or from a later Reply. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Defendant in a revocation action must distinguish lodge a Preliminary objection under Rule 48, measured against service of the Statement for revocation. Its stated period is 1 months and its branch is optional objection right. That event does not replace service of the Counterclaim for infringement for lodge a Defence to the Counterclaim for infringement. Defendant must distinguish lodge a Defence to revocation under Rule 49.1, measured against service of the Statement for revocation. Its stated period is 2 months and its branch is required defence. That event does not replace service of the Counterclaim for infringement for lodge a Defence to the Counterclaim for infringement. Defendant patent proprietor must distinguish include an Application to amend the patent in the Defence to revocation under Rule 49.2(a), measured against service of the Statement for revocation. Its stated period is 2 months and its branch is optional amendment application. That event does not replace service of the Counterclaim for infringement for lodge a Defence to the Counterclaim for infringement.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for defence to the counterclaim for infringement?
Who acts on defence to the counterclaim for infringement?
Revocation claimant is the relevant actor. The act is to lodge a Defence to the Counterclaim for infringement. This branch is required conditional defence.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1Which event starts the 2 months period?
The relevant event is service of the Counterclaim for infringement. 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 56.1What does Rule 56.1 require here?
The primary provision identifies 2 months and the act to lodge a Defence to the Counterclaim for infringement. The revocation defendant has served an infringement counterclaim.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1How 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 defence to counterclaim infringement branch?
Do not start from the original revocation claim or from a later Reply. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1Which facts must be checked for defence to counterclaim infringement?
Check the revocation defendant has served an infringement counterclaim. Confirm service of the Counterclaim for infringement. Check the actual court location, applicable order and any permitted variation. Do not start from the original revocation claim or from a later Reply.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.1 | 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 |