Defences and allocation in the Patents County Court

After service of the claim (whether or not with particulars attached) the defendant as a certain amount of time in which to respond. The general rule under Part 15 does not apply, CPR 63.7 modifies Part 15 as follows: Part 15 applies with the modification –

(a) to rule 15.4(1)(b) that in a claim for infringement under rule 63.6, the period for filing a defence where the defendant files an acknowledgment of service under Part 10 is 42 days after service of the particulars of claim

(b) that where rule 15.4(2) provides for a longer period to file a defence than in rule 63.7(a), then the period of time in rule 15.4(2) will apply and

(c) to rule 15.8 that the claimant must –

(i) file any reply to a defence and

(ii) serve it on all other parties,

within 21 days of service of the defence.

Once the defence is filed there is no need for parties to complete and file allocation questionnaires because the claim is automatically allocated to the multi track CPR 63.1.(3). However, the claimant should apply for a CMC (case management conference) within 14 days of receipt of the defence. However from experience generally parties agree directions going forward.

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