UPC: Need For Speed?

The opening part of the Agreement on a Unified Patent Court (UPC) comments that the UPC "should be devised to ensure expeditious and high quality decisions". The expeditious nature of the proceedings is reflected in some tight deadlines, requiring parties to gather evidence and prepare arguments in shorter times than in proceedings before most national courts. Overall, the Rules of Procedure of the UPC aim to conclude first instance proceedings within twelve to fifteen months.

UPC proceedings start with a written procedure. The first action is filing and service of a statement of claim. The term for filing a defence depends on the nature of the claim. For an infringement action, the defendant (alleged infringer) has three months to prepare a defence (Rule 23 RoP), possibly including a counterclaim for revocation.