Unified Patent Court procedure guides
When is the deadline for rejoinder to the reply to the defence to the counterclaim for infringement?
Revocation claimant uses 1 month to lodge a Rejoinder to the infringement-counterclaim Reply, measured against service of that Reply. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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
- 1 months. Optional rejoinder.
- Trigger
- service of that Reply
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4
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 Rejoinder on an infringement counterclaim guide preserves the 1-months source period and its optional step nature. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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 56.4What lawyers say
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When is the deadline for rejoinder to the reply to the defence to the counterclaim for infringement?
Revocation claimant uses 1 month to lodge a Rejoinder to the infringement-counterclaim Reply, measured against service of that Reply. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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. optional rejoinder.
service of that Reply
The relevant Reply has been served
The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder.
This UPC Rejoinder on an infringement counterclaim guide preserves the 1-months source period and its optional step nature. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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 56.4How does this provision count time?
- lodge a Rejoinder to the infringement-counterclaim Reply
- service of that Reply
- 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 56.4Which facts prevent one automatic date?
This UPC Rejoinder on an infringement counterclaim guide preserves the 1-months source period and its optional step nature. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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 that Reply must be established. The relevant Reply 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. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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 that Reply
- Applicable procedural branch
- The relevant Reply has been served The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder.
- 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 Rejoinder on an infringement counterclaim guide preserves the 1-months source period and its optional step nature. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. 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 that Reply for lodge a Rejoinder to the infringement-counterclaim Reply. 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 that Reply for lodge a Rejoinder to the infringement-counterclaim Reply. 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 that Reply for lodge a Rejoinder to the infringement-counterclaim Reply.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for rejoinder to the reply to the defence to the counterclaim for infringement?
Who acts on rejoinder to the reply to the defence to the counterclaim for infringement?
Revocation claimant is the relevant actor. The act is to lodge a Rejoinder to the infringement-counterclaim Reply. This branch is optional rejoinder.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4Which event starts the 1 month period?
The relevant event is service of that Reply. 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 56.4What does Rule 56.4 require here?
The primary provision identifies 1 month and the act to lodge a Rejoinder to the infringement-counterclaim Reply. The relevant Reply has been served.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4How 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 rejoinder counterclaim infringement branch?
The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4Which facts must be checked for rejoinder on an infringement counterclaim?
Check the relevant reply has been served. Confirm service of that Reply. Check the actual court location, applicable order and any permitted variation. The Rejoinder is limited to matters raised and accompanies any relevant amendment Rejoinder.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.4 | 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 |