Proceeding Decision

In the proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed or that such infringement is imminent (Rule 211.2 RoP). The auxiliary request to amend the patent pursuant to Rule 30.2 RoP is not admissible in the proceedings for provisional measures, in accordance with the necessary expediency of the procedure, that requires the imminence of the prejudice and, at the same time, the necessity to respect the adversarial principle and the right of defense. The phrase “amend its case” in Rule 263.2 RoP refers to the pleadings amendments (“change its claim”) and does not relate to patent amendments pursuant to Rule 30 or 50.2 RoP.

claim amendments