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ARTICLE · 06 MAY 2026

LD Brussels, April 27, 2026, Order, UPC_CFI_871/2026

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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The Local Division Brussels of the Unified Patent Court examined an application to change the language of proceedings in a patent dispute between Dutch companies. The decision explores how factors such as party size, domicile, and technological context influence language selection, even when the patent's original language is commonly used in the relevant technical field.

BelgiumIntellectual Property

1. Key takeaways

Unsolicited submissions in a language change application are generally inadmissible to ensure a rapid decision (headline 1)

A rapid decision on a language-change request benefits both parties and case management. Submissions not foreseen by R. 323.2 RoP and filed without prior authorisation are inadmissible and will be disregarded.

A language-change application under Art. 49(5) UPCA and R. 323 RoP may be filed before the Statement of Defence; R. 19.2(a) RoP service formalities do not apply

Art. 49(5) UPCA does not require the language change application to be included in the Statement of Defence. R. 323.3 RoP must be interpreted to allow earlier filing, ensuring any language change is implemented as soon as possible.

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