Post-compaction register assignment in a retargetable compiler

Pursuant to Rule 16.1 UPCARoP, the Registry first examines whether there is an opt-out for the patent in suit. If the patent proprietor declared an opt-out, the Registry immediately informs the claimant who must then change or withdraw the action. Pursuant to Rule 16.2, the Registry then checks whether the Statement of claim is formally complete. If there are any deficiencies, the Registry requests the claimant to correct the Statement of claim. The Registry must inform the claimant that a decision by default (Rule 355) is possible. If the claimant does not correct the deficiencies within 14 days or does not pay the fee for the action within said 14 days, the judge rapporteur dismisses the action by default (Rule 16.4). The claimant may, however, appeal the decision by default pursuant to Rule 356.

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Rule 208 Examination as to formal requirements, recording in the register, assignment to panel, designation of judge-rapporteur, single judge

Unified Patent Protection in Europe: A Commentary ◽

10.1093/oso/9780198755463.003.0378 ◽

2018 ◽

Author(s):

Andreas von Falck ◽

Stephan Dorn

Keyword(s):

Opt Out ◽

Single Judge ◽

Formal Requirements ◽

Register Assignment

An examination of the application by the Registry is necessary for a decision on an application for provisional measures. First, the Registry checks whether an opt-out has been declared for the patent at issue (Rule 16.1). If an opt-out has been declared, the Registry informs the applicant pursuant to Rule 16.1 and requests him to withdraw or to complete the application.

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Examination as to formal requirements, recording in the register, assignment (Court of First Instance, revocation action) and designation of the judge-rapporteur

Unified Patent Protection in Europe: A Commentary ◽

10.1093/oso/9780198755463.003.0239 ◽

2018 ◽

Author(s):

Martin Faehndrich ◽

Alexander Klicznik ◽

Max Tilmann

Keyword(s):

Member States ◽

Mutual Exchange ◽

Exchange Of Information ◽

Formal Requirements ◽

Court Of First Instance ◽

Register Assignment

The notification also serves to ensure the exchange of information for any opposition proceedings that might still be pending before the EPO. In the context of administrative and legal cooperation pursuant to Art 131 EPC, the EPO has an obligation towards the courts and authorities of the Member States to provide information for the purpose of ensuring a mutual exchange of information. In this regard, Art 131 EPC merely refers to a request to communicate information, but the notification by the UPC may be understood by the EPO as a request within the meaning of Art 131 EPC. The EPO may then make a corresponding notification to the Court on the opposition proceedings pending with regard to the patent.

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