Evidence, Procedural law, Revocation, Unified Patent Court, UPCA, Late-filed submissions

In this decision, the Vienna Local Chamber emphasizes the extensive duties of parties to submit evidence and arguments in a timely manner in proceedings before the Unified Patent Court. The Rules of Procedure require that a counterclaim for revocation contains an explanation of the facts relied upon, the specified evidence as far as available, and an indication of further evidence offered. Pursuant to the Preamble to the Rules of Procedure (Rule 7, last sentence), the parties are obligated to set out their entire case as early as possible and to submit all legal and factual arguments and supporting evidence in due time. As far as possible, the counterclaimant must submit its arguments, facts, and exhibits together with the counterclaim for revocation. The subsequent submission of evidence regarding the state of the art or prior use requires sufficient justification with regard to its timeliness. (LC Vienna 19.2.2026, CFI 26/2025, CFI 375/2025)