UPC: Strict Requirements for the Timeliness of Evidence in Revocation Actions

In this decision, the Local Chamber Vienna highlights the parties' duty of cooperation and the preclusion rules for evidence in revocation proceedings. The Rules of Procedure require that the counterclaim for revocation contain an explanation of the facts relied upon, the specified evidence if available, and an indication of further evidence offered. The parties are obligated to present their entire case as early as possible (Preamble to the Rules of Procedure, No. 7, last sentence) and to submit all legal and factual arguments as well as the evidence supporting them in a timely manner. As far as possible, the counterclaimant must submit their arguments, facts, and annexes together with the counterclaim for revocation. The subsequent submission of evidence relating to the state of the art or prior use requires sufficient justification with regard to timeliness. (LC Vienna 19. 2. 2026, CFI 26/2025, CFI 375/2025)