Unified Patent Court procedure guides
When is the deadline for reply to the defence to the counterclaim for infringement?
Revocation defendant uses 1 month to lodge a Reply to the Defence to Counterclaim for infringement, measured against the service event for that Defence, established in the procedural record. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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 reply.
- Trigger
- the service event for that Defence, established in the procedural record
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3
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 Reply to an infringement counterclaim defence guide preserves the 1-months source period and its optional step nature. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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 56.3What lawyers say
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When is the deadline for reply to the defence to the counterclaim for infringement?
Revocation defendant uses 1 month to lodge a Reply to the Defence to Counterclaim for infringement, measured against the service event for that Defence, established in the procedural record. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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 defendant. optional reply.
the service event for that Defence, established in the procedural record
The Defence to the infringement counterclaim has been served
Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp.
This UPC Reply to an infringement counterclaim defence guide preserves the 1-months source period and its optional step nature. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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 56.3How does this provision count time?
- lodge a Reply to the Defence to Counterclaim for infringement
- the service event for that Defence, established in the procedural record
- 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 56.3Which facts prevent one automatic date?
This UPC Reply to an infringement counterclaim defence guide preserves the 1-months source period and its optional step nature. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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. the service event for that Defence, established in the procedural record must be established. The Defence to the infringement counterclaim 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. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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
- the service event for that Defence, established in the procedural record
- Applicable procedural branch
- The Defence to the infringement counterclaim has been served Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp.
- 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 Reply to an infringement counterclaim defence guide preserves the 1-months source period and its optional step nature. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. 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 the service event for that Defence, established in the procedural record for lodge a Reply to the Defence to 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 the service event for that Defence, established in the procedural record for lodge a Reply to the Defence to 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 the service event for that Defence, established in the procedural record for lodge a Reply to the Defence to Counterclaim for infringement.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for reply to the defence to the counterclaim for infringement?
Who acts on reply to the defence to the counterclaim for infringement?
Revocation defendant is the relevant actor. The act is to lodge a Reply to the Defence to Counterclaim for infringement. This branch is optional reply.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3Which event starts the 1 month period?
The relevant event is the service event for that Defence, established in the procedural record. 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 56.3What does Rule 56.3 require here?
The primary provision identifies 1 month and the act to lodge a Reply to the Defence to Counterclaim for infringement. The Defence to the infringement counterclaim has been served.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3How 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 reply defence counterclaim infringement branch?
Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3Which facts must be checked for reply to an infringement counterclaim defence?
Check the defence to the infringement counterclaim has been served. Confirm the service event for that Defence, established in the procedural record. Check the actual court location, applicable order and any permitted variation. Rule 56.3 states one month without repeating the event. The reading depends on the served Defence and Rule 300, not a guessed filing timestamp.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 56.3 | 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 |