Recent decisions from various UPC divisions provide valuable guidance for parties seeking to amend their cases or patents. The decisions emphasize that it is crucial for parties to know how to distinguish between the rules for amending patents and patent actions, as each has its own requirements and scope. This will enable them to file proper applications and to make strategic decisions to defend their patent rights as effectively as possible.
Legal framework -
Amendments to the case: Under R. 263.1 of the Rules of Procedure (RoP), a party may, at any point during the proceedings, request the Court’s permission to alter its claim or amend its case, which may include the addition of a counterclaim. The rule is primarily concerned with ensuring that late or unclear amendments to a case do not unduly hinder the other party in its defense.
Please see full publication below for more information.
