ARTICLE
13 August 2024

LD Duesseldorf, August 5, 2024, Subsequent Request To Amend Patent, UPC_CFI_363_2023

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required.
Germany Intellectual Property
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1. Key takeaways

Rule 30.2 RoP leaves open the time of a decision on the admission of a subsequent request for amendment of the patent

The time of the decision is at the discretion of the court. The judge-rapporteur may postpone such a decision. A rejecting order is not required. As long as the subsequent request for amendment has not been admitted by the court, it is inadmissible.

Insofar as Rule 32.1 RoP mentions a two-month time limit for replying to a request for amendment of the patent from notification of the request for amendment, subsequent requests for amendment under Rule 30.2 RoP are not covered by this

Not every amendment, even a minor one, to the auxiliary requests originally submitted necessitates the exchange of three further written submissions, each with legally standardized one- or two-month deadlines. This would delay the proceedings significantly.

2. Division

Local Division Duesseldorf

3. UPC number

UPC_CFI_363_2023

4. Type of proceedings

Infringement and revocation action, procedural order

5. Parties

Plaintiff: Seoul Viosys Co., Ltd.

Defendants: expert e-Commerce GmbH; expert klein GmbH

6. Patent(s)

EP 3 926 698 B1

7. Body of legislation / Rules

R. 30.2, 32.1 RoP

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