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Unified Patent Court procedure guides

When is the deadline for lodge an application for the determination of damages?

Successful party seeking quantified damages uses 1 year to lodge an Application for the determination of damages, measured against service of the final merits decision on both infringement and validity, or the date of the qualifying award order. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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
1 years. Required if seeking determination.
Trigger
service of the final merits decision on both infringement and validity, or the date of the qualifying award order
Rule
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126

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 Application to determine damages guide preserves the 1-years source period and its completion deadline nature. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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 126

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When is the deadline for lodge an application for the determination of damages?

Successful party seeking quantified damages uses 1 year to lodge an Application for the determination of damages, measured against service of the final merits decision on both infringement and validity, or the date of the qualifying award order. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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. successful party seeking quantified damages. required if seeking determination.

service of the final merits decision on both infringement and validity, or the date of the qualifying award order

The party elects damages determination and the final-decision or specified award branch is established

Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger.

This UPC Application to determine damages guide preserves the 1-years source period and its completion deadline nature. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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 126

How does this provision count time?

  1. lodge an Application for the determination of damages
  2. service of the final merits decision on both infringement and validity, or the date of the qualifying award order
  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 126

Which facts prevent one automatic date?

This UPC Application to determine damages guide preserves the 1-years source period and its completion deadline nature. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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 final merits decision on both infringement and validity, or the date of the qualifying award order must be established. The party elects damages determination and the final-decision or specified award 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. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. 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 final merits decision on both infringement and validity, or the date of the qualifying award order
Applicable procedural branch
The party elects damages determination and the final-decision or specified award branch is established Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger.
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 126
  • This UPC Application to determine damages guide preserves the 1-years source period and its completion deadline nature. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. The actual event, applicable branch, court location and complete final-day conditions require confirmation. It supplies no computed date or paid calculation.
  • 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 final merits decision on both infringement and validity, or the date of the qualifying award order for lodge an Application for the determination of damages. Unsuccessful party contesting damages must distinguish lodge a Defence to the damages Application under Rule 137.2, measured against service of the Application, or service of the Rule 131.2 indication after laying open books. Its stated period is 2 months and its branch is required conditional defence. That event does not replace service of the final merits decision on both infringement and validity, or the date of the qualifying award order for lodge an Application for the determination of damages. 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 final merits decision on both infringement and validity, or the date of the qualifying award order for lodge an Application for the determination of damages.

What must the responsible actor complete?

Questions about this procedure

When is the deadline for lodge an application for the determination of damages?

Who acts on lodge an application for the determination of damages?

Successful party seeking quantified damages is the relevant actor. The act is to lodge an Application for the determination of damages. This branch is required if seeking determination.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126

Which event starts the 1 year period?

The relevant event is service of the final merits decision on both infringement and validity, or the date of the qualifying award order. 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 126

What does Rule 126 require here?

The primary provision identifies 1 year and the act to lodge an Application for the determination of damages. The party elects damages determination and the final-decision or specified award branch is established.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126

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 damages application branch?

Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger. An actual order, party agreement or different procedural track requires a separate check.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126

Which facts must be checked for application to determine damages?

Check the party elects damages determination and the final-decision or specified award branch is established. Confirm service of the final merits decision on both infringement and validity, or the date of the qualifying award order. Check the actual court location, applicable order and any permitted variation. Actual appeal finality and the award route matter. A first-instance decision on only one issue is not a universal trigger.

UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126

Official sources and review

Provisions used (2)
Provisions used in this guide
ProvisionPurpose
UPC Rules of Procedure, amended text effective January 1, 2026, Rule 126Check 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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