1. Key takeaways
Fairness-based language change requires balancing all relevant circumstances; if interests are equal, the defendant’s position is decisive (Art. 49(5) UPCA, R. 323 RoP)
The President applied the Court of Appeal’s multi-factor framework, considering case-related circumstances (predominant language in the technology field, language of exhibits) and party-related circumstances (nationality, domicile, size, internal working language, coordination possibilities).
Where the balancing results in a comparable situation for both sides, the defendant’s position prevails because the claimant enjoys flexibility in choosing forum and timing, while the defendant is bound by strict deadlines (Art. 49(5) UPCA).
For a claimant who chose the language of the patent, conducting proceedings in that language cannot generally be considered unfair. The Technical University of Munich’s objection was found unpersuasive because it relied solely on the general principle that the applicant in the main proceedings had the right to choose German and the fact that only one defendant was registered outside Germany, without demonstrating any specific negative impact on its own position.
In accelerated proceedings, defendants’ need for efficient communication without translation carries particular weight (Art. 49(5) UPCA, R. 323 RoP)
In accelerated proceedings according to R. 192 and 199 et seq. RoP, the burden of translation costs and resulting delays on a non-German-speaking defendant is a significant factor in the balancing exercise, reinforcing the case for changing the language to English.
Art. 49(5) UPCA does not prescribe a timeframe for filing such a request. However, consistent Court of Appeal case law recommends filing before the Statement of Defence is lodged (UPC_CoA_207/2024, order of 5 September 2024).
2. Division
LD Düsseldorf
3. UPC number
UPC_CFI_1849/2025
4. Type of proceedings
Application to change the language of proceedings (R. 323 RoP)
5. Parties
Applicant/Defendant: HyGear B.V.
Respondent/ Applicant: Topsoe A/S
6. Patent
EP 3 802 413
7. Body of legislation / Rules
Art. 49 UPCA, R. 323 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
