Issuing a Claim in the Patents County Court
Submit Articles Back to Articles
24 May 2013
From 1 April 2011 all claims must be issued at the RCJ,
Chancery Registry, Strand, London WC2A 2LL.
Prior to issuing a claim in the Patents County Court (“PCC”)
Practice Direction on Pre-action Conduct should be followed.
Once the Claim is issued the Court will serve the documents
(with a response pack) unless the Claimant wishes to serve.
Where the Claimant wishes to serve a sealed Claim they must obtain the
sealed Claim Form from the Court and then serve.
Part 15 of the Civil Procedure Rules apply but are modified by
rule 63.22 with regard to the time limits for filing a Defence and/or
reply. Rule 63.22(2) states “Where
the particulars of claim contain a confirmation in accordance with rule
63.20(2), the period for filing a Defence is 42 days after service of
the particulars of claim unless rule 15.4(2) provides for a longer
period to do so”.
Rule 63.20(2) states “The particulars of claim must
state whether the claimant has complied with paragraph 7.1(1) and Annex
A (paragraph 2) of the Practice Direction (Pre-Action Conduct)”.
Where the Particulars of Claim confirms that the Claimant has
complied with the Practice Direction on Pre-action Conduct (Rule
63.22(2) and (3)) the time limit for filing a Defence is 42
days. Where the Particulars of Claim do not confirm the
compliance the time for filing a Defence is 70 Days.
An example compliance paragraph is “The
Claimant confirms that it has complied with paragraph 7.1(1) and Annex
A (paragraph 2) of the Practice Direction (Pre-Action
The time limit for a Reply to a Defence is 28 Days from the
service of the Defence under rule 63.22(4). The time limit
for a Defence to Counterclaim under rule 62.22(5) is 14 days from the
service of the Defence.
An extension of time to the time limits must be granted by the
By Lawdit Solicitors
About the Author
Solicitors offer services and advice for litigation,
commercial contracts, Intellectual Property and IT legal agreements. We
are experts in commercial law with a heavy emphasis on Intellectual
Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of
Higher Court Advocates and we are the appointed Solicitors to the
largest webdesign association in the world, the United Kingdom Website
Follow us @Scopulus_News
Article Published/Sorted/Amended on Scopulus 2013-06-11 10:18:37 in Legal Articles