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Unified Patent Court procedure guides

When is the deadline for reply to the defence to revocation (with any defence to the application to amend and any defence to the counterclaim for infringement)?

Claimant uses 2 months to lodge a Reply to the Defence to revocation, measured against service of the Defence to revocation. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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.

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Read why no date is calculated
Period
2 months. Optional reply.
Trigger
service of the Defence to revocation
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51

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 Revocation reply to defence guide preserves the 2-months source period and its optional step nature. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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 51

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When is the deadline for reply to the defence to revocation (with any defence to the application to amend and any defence to the counterclaim for infringement)?

Claimant uses 2 months to lodge a Reply to the Defence to revocation, measured against service of the Defence to revocation. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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. claimant. optional reply.

service of the Defence to revocation

The standalone revocation Defence has been served

Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate.

This UPC Revocation reply to defence guide preserves the 2-months source period and its optional step nature. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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 51

How does this provision count time?

  1. lodge a Reply to the Defence to revocation
  2. service of the Defence to revocation
  3. 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.
  4. 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 51

Which facts prevent one automatic date?

This UPC Revocation reply to defence guide preserves the 2-months source period and its optional step nature. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.

ResultRead the operative provision and establish the applicable branch.

The identified actor has the document or event described by this source provision. service of the Defence to revocation must be established. The standalone revocation Defence 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. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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 Defence to revocation
Applicable procedural branch
The standalone revocation Defence has been served Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate.
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.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51
  • This UPC Revocation reply to defence guide preserves the 2-months source period and its optional step nature. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. 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 Defence to revocation for lodge a Reply to the Defence to revocation. 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 Defence to revocation for lodge a Reply to the Defence to revocation. 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 Defence to revocation for lodge a Reply to the Defence to revocation.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for reply to the defence to revocation (with any defence to the application to amend and any defence to the counterclaim for infringement)?

Who acts on reply to the defence to revocation (with any defence to the application to amend and any defence to the counterclaim for infringement)?

Claimant is the relevant actor. The act is to lodge a Reply to the Defence to revocation. This branch is optional reply.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51

Which event starts the 2 months period?

The relevant event is service of the Defence to revocation. 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 51

What does Rule 51 require here?

The primary provision identifies 2 months and the act to lodge a Reply to the Defence to revocation. The standalone revocation Defence has been served.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51

How 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 301

What changes this revocation reply to defence branch?

Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51

Which facts must be checked for revocation reply to defence?

Check the standalone revocation defence has been served. Confirm service of the Defence to revocation. Check the actual court location, applicable order and any permitted variation. Any applicable Defence to amendment or infringement counterclaim accompanies the Reply. Conditional duties in those branches remain separate.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 51Check the identified procedure, event, counting rule or qualification
UPC Rules of Procedure, Rules 300 and 301Check the identified procedure, event, counting rule or qualification
Read the official controlling provision

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