Before going into the detail of each action, a few rules apply to all proceedings before the UPC. Representation of the parties and languages are dealt with on separate pages: see “Representation before the UPC” and “Languages before the UPC”.

The objectives: one year, and say everything from the outset

The Rules of Procedure are applied and interpreted in accordance with the principles of proportionality, flexibility, fairness and equity (RoP UPC, preamble, points 2 to 5), in line with the Agreement (A41(3) UPCA and A42 UPCA).

Proceedings should normally be conducted so as to allow the final oral hearing on infringement and validity to take place within one year at first instance, complex cases possibly requiring more time (RoP UPC, preamble, point 7). The corollary: the parties must set out their full case as early as possible (same point 7). This is the famous front-loading: at the UPC, you do not keep your best cards for the end.

Proceedings at first instance consist of a written procedure, an interim procedure, an oral procedure and, where appropriate, procedures for the award of damages and for costs (R10 RoP UPC).

An electronic procedure

Pleadings and documents are signed and lodged electronically, on the Court’s case management system (CMS), which issues a time-stamped electronic receipt; filing on paper is only allowed if the system breaks down (R4 RoP UPC). The breakdown on the very first day was in fact enough to settle a race between two actions (see “Allocation between divisions”).

Time limits

Time limits are computed in full days, weeks, months or years starting from the day following the event (for service, receipt of the document); public holidays and weekends are included, and judicial vacations suspend nothing (R300 RoP UPC). A time limit expiring on a Saturday, a Sunday or a public holiday in the State of the division is extended until the first following working day (R301 RoP UPC).

On a reasoned request, the Court may extend (even retrospectively) or shorten a time limit, except the time limits for starting proceedings on the merits after an order to preserve evidence or provisional measures and the time limit for appeal (R9.3 and R9.4 RoP UPC). It may disregard any step, fact, evidence or argument not submitted in due time (R9.2 RoP UPC).

A time limit missed in spite of all due care having been taken may give rise to re-establishment of rights (restitutio in integrum) (R320 RoP UPC).

Case management

The judge-rapporteur manages the case during the written and interim procedures (R331 RoP UPC), with broad powers: deciding the order of issues, joining points, limiting written submissions, etc. (R334 RoP UPC). He or she may also refer any question to the panel (R102.1 RoP UPC).

His or her case management orders may be reviewed by the panel on a reasoned application lodged within 15 days (R333 RoP UPC); the panel’s decision may only be appealed with leave (same Rule, paragraph 5, and R220.2 RoP UPC).

Stay of proceedings

The Court may stay proceedings, in particular where opposition or limitation proceedings are pending before the EPO and a rapid decision is expected, where an appeal has been brought against a decision on a preliminary objection, at the joint request of the parties, or more generally where the proper administration of justice so requires (R295 RoP UPC and A33(10) UPCA).

The Court of Appeal does not substitute itself for the first-instance judge to stay proceedings pending before that judge, save in exceptional circumstances, since the Court of First Instance knows the file better and enjoys a margin of discretion in managing it; and a stay linked to an appeal on a preliminary objection presupposes that this appeal has already been lodged, not merely contemplated (UPC, Court of Appeal, 31 Oct. 2025, Sun Patent Trust v. Vivo, UPC_CoA_755/2025 and UPC_CoA_757/2025, headnote).

Public proceedings and access to the file

Proceedings are open to the public, unless the Court decides to make them confidential to the extent necessary (A45 UPCA and R115 RoP UPC).

Decisions and orders are published; written pleadings and evidence, on the other hand, are only available to the public on a reasoned request, the judge-rapporteur deciding after consulting the parties (R262.1(b) RoP UPC). The request must state its purpose and why access is necessary for that purpose, and its author must be represented; the applicant’s interest is weighed against the protection of confidential information, personal data and the integrity of the proceedings: access is in principle granted once the proceedings have ended, earlier if the applicant has a direct interest (competitor, licensee). A monitoring platform that intended to make the documents available to its subscribers was turned away: that is not a protected interest (UPC, Court of Appeal, 19 Dec. 2025, Docket Navigator, UPC_CoA_523/2024, points 15 and 23 to 28; copyright in the written pleadings, invoked by the parties, does not enter into this balance: same decision, point 17).

The hearing is recorded, and the parties may listen to the recording on the Court’s premises (R115 RoP UPC); they may prepare a private transcript of it (UPC, Court of Appeal, 30 Mar. 2026, Amazon v. InterDigital, UPC_CoA_12/2026; see “Oral procedure”).

Confidentiality

To protect trade secrets, personal data or other confidential information, the Court may restrict or prohibit the taking and use of evidence, or restrict access to it to specific persons (A58 UPCA). The Rules distinguish two tools:

  • as regards the public, a party may request that certain information in its pleadings or evidence be kept confidential, by providing a redacted version (R262.2 RoP UPC); a third party may challenge the redaction (R262.3 to R262.6 RoP UPC);
  • as regards the opponent, a party may request that access to certain information be restricted to specifically named persons, at least one natural person per party and its representatives (the “confidentiality club”) (R262A RoP UPC).

The request still has to be made on the right basis: a request for confidentiality vis-à-vis the public (R262.2) offers no protection against the opponent; only an order made under Rule 262A (or an agreement between the parties, a voluntary undertaking) restricts the use the opponent may make of the information. Information disclosed to the opponent without such a restriction, including in compliance with an order to communicate information, loses its confidential character (UPC, Court of Appeal, 18 Mar. 2026, EOFlow v. Insulet, UPC_CoA_930/2025, points 26 to 29). Forget Rule 262A and you hand over your secrets.

And the decision, which must be reasoned and public? It is published after redaction of the confidential information (R262.1 RoP UPC).

Intervention

Any person with a legal interest in the outcome of the dispute may intervene, at any stage, before the Court of First Instance or the Court of Appeal, provided that the intervention supports the claim of one of the parties, is made before the closure of the written procedure (unless leave is granted) and that the intervener is represented (R313 RoP UPC). A party may also invite a third party to intervene, and argue that it will be bound by the decision even if it declines (R316 and R316A RoP UPC).

The intervener has no position of its own: it may not contradict the party it supports, and if that party withdraws its appeal after settling with the opponent, the intervener’s appeal becomes devoid of purpose; as regards costs, it is as a rule treated like the party it supports (UPC, Court of Appeal, 27 Nov. 2025, Chainzone and Strabag v. Swarco, UPC_CoA_70/2025, headnote). A supporter, not a stowaway.

Withdrawal, settlement and default

  • The claimant may withdraw its action as long as no final decision has been given, unless the other party has a legitimate interest in the action being decided; withdrawal does not affect a counterclaim (R265 RoP UPC).
  • The Court may at any time propose that the parties make use of the Patent Mediation and Arbitration Centre (PMAC), and confirms the terms of a settlement by decision if the parties so request (R11 and R365 RoP UPC).
  • A party that fails to meet a time limit or to appear at the oral hearing exposes itself to a decision by default (R355 RoP UPC), which it may apply to have set aside within one month (R356 RoP UPC).

A natural person may obtain legal aid for any proceedings before the Court, covering all or part of the court fees and the costs of representation (A71 UPCA and R375 to R382 RoP UPC). Court fees and their reductions are presented in “Court fees and value of the action”.