Decision

Once the oral proceedings are over, the judges can take the decision on the merits.

Content of decision

This substantive decision may include:

Even if normally a separate procedure exists for the determination of costs (Rule 150 et seq. Of the rules of procedure), the court may ask the parties in advance for the costs they will seek to recover (rule 118.5 of the rules of procedure).

For more details on damages, corrective measures and injunctions, please see the article on Injunctions and corrective measures.

Details

Ruling on counterfeiting

It is entirely possible that the decision (ie concerning infringement) is conditional on the fact the patent is not judged null (rule 118.2 a of rules of procedure).

Decision as to nullity

With regard to actions for a declaration of invalidity, the judges can completely render decisions of total or partial invalidity (rule 118.3 of the rules of procedure and section 65 of theAgreement on the Unified Patent Court).

In particular, if the causes of invalidity only partially affect the patent, an amendment to the claims must be made in order to allow partial revocation. This is quite important because it is not the approach of the EPO.

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