Key takeaways
Action brought at date and time (hours, minutes, seconds) of filing
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The actual date (year, month, day) and time (hours, minutes, seconds) of filing an action is decisive for the question of when an action has been brought in the meaning of Art. 33.4 UPCA.
Hard-copy filings (R. 4.2 RoP) in first instance not only possible at the sub-registry of the competent division, but also at the Registry in Luxemburg
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The Registry is not the Registry of the Court of Appeal but the Registry of the entire Court. Hard-copy filings in case the CMS has ceased to function (R. 4.2 RoP) may therefore be filed at the Registry in Luxemburg, also for filing an action in first instance.
Division
This decision was rendered by the Central Division (Section Munich) of the Unified Patent Court on August 24, 2023.
UPC case number
The CFI number of this decision is UPC_CFI 1/2023.
Type of proceedings
This decision was rendered in preliminary objection proceedings.
Patent(s)
These proceedings pertained to the patent-in-suit EP 3 666 797.
Body of legislation / Rules
- Art. 10 UPCA
- Art. 33.4 UPCA
- Rule 4 RoP
- Rule 19 RoP
- Rule 13 RoP
- Rule 17 RoP
- Rule 3.2 of the Rules governing the Registry
