Unified Patent Court procedure guides
When is the deadline for defence to the application for the determination of damages?
Unsuccessful party contesting damages uses 2 months to lodge a Defence to the damages Application, measured against service of the Application, or service of the Rule 131.2 indication after laying open books. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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 Application, or service of the Rule 131.2 indication after laying open books
- Rule
- UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2
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 a damages application guide preserves the 2-months source period and its completion deadline nature. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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 137.2What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
When is the deadline for defence to the application for the determination of damages?
Unsuccessful party contesting damages uses 2 months to lodge a Defence to the damages Application, measured against service of the Application, or service of the Rule 131.2 indication after laying open books. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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. unsuccessful party contesting damages. required conditional defence.
service of the Application, or service of the Rule 131.2 indication after laying open books
The claim is contested and the applicable ordinary or laying-open-books branch is established
The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication.
This UPC Defence to a damages application guide preserves the 2-months source period and its completion deadline nature. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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 137.2How does this provision count time?
- lodge a Defence to the damages Application
- service of the Application, or service of the Rule 131.2 indication after laying open books
- 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 137.2Which facts prevent one automatic date?
This UPC Defence to a damages application guide preserves the 2-months source period and its completion deadline nature. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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 Application, or service of the Rule 131.2 indication after laying open books must be established. The claim is contested and the applicable ordinary or laying-open-books branch is established. No final date is supplied without the applicable court location and complete facts.
A different order, actual service event or procedural track applies. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. 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 Application, or service of the Rule 131.2 indication after laying open books
- Applicable procedural branch
- The claim is contested and the applicable ordinary or laying-open-books branch is established The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication.
- 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 a damages application guide preserves the 2-months source period and its completion deadline nature. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
- Successful party seeking quantified damages must distinguish lodge an Application for the determination of damages under Rule 126, measured against service of the final merits decision on both infringement and validity, or the date of the qualifying award order. Its stated period is 1 years and its branch is required if seeking determination. That event does not replace service of the Application, or service of the Rule 131.2 indication after laying open books for lodge a Defence to the damages Application. Unsuccessful party accepting the damages claim must distinguish inform the Registry of acceptance under Rule 137.1, measured against the established service event for the damages Application. Its stated period is 2 months and its branch is required conditional notification. That event does not replace service of the Application, or service of the Rule 131.2 indication after laying open books for lodge a Defence to the damages Application. Applicant must distinguish lodge a Reply to the damages Defence under Rule 139, measured against the established service event for the damages Defence. Its stated period is 1 months and its branch is optional reply. That event does not replace service of the Application, or service of the Rule 131.2 indication after laying open books for lodge a Defence to the damages Application.
What must the responsible actor complete?
Questions about this procedure
When is the deadline for defence to the application for the determination of damages?
Who acts on defence to the application for the determination of damages?
Unsuccessful party contesting damages is the relevant actor. The act is to lodge a Defence to the damages Application. This branch is required conditional defence.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2Which event starts the 2 months period?
The relevant event is service of the Application, or service of the Rule 131.2 indication after laying open books. 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 137.2What does Rule 137.2 require here?
The primary provision identifies 2 months and the act to lodge a Defence to the damages Application. The claim is contested and the applicable ordinary or laying-open-books branch is established.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2How 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 damages defence branch?
The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication. An actual order, party agreement or different procedural track requires a separate check.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2Which facts must be checked for defence to a damages application?
Check the claim is contested and the applicable ordinary or laying-open-books branch is established. Confirm service of the Application, or service of the Rule 131.2 indication after laying open books. Check the actual court location, applicable order and any permitted variation. The book procedure changes the anchor. Do not ignore a later Rule 131.2 indication.
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| UPC Rules of Procedure, amended text effective January 1, 2026, Rule 137.2 | 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 |