Application Order

1. A Preliminary objection can also be raised with regard to a counterclaim for revocation. 2. Art. 33 (2) UPCA must be interpreted in such a way that this provision is not only applicable if an action between the same parties on the same patent is brought before several different divisions, but equally if an action between the same parties on the same patent is brought twice before the same division (argumentum a fortiori). 3. In the event of a decision of the judge-rapporteur allowing the Preliminary objection concerning a counterclaim for revocation there is no legal basis for a separate decision on the costs relating to this objection.

Preliminary objection, counterclaim for revocation