Case Law
Rule 322: Proposal from the judge-rapporteur to use of the language in which the patent was granted as language of the proceedings

Court of First Instance - Mannheim (DE) Local Division, Order dated 6/05/2024, Photon Wave, Seoul Viosys / Laser Components (Case number: UPC_CFI_440/2023 ORD_18404/2024)
Example of decision on the rejection of the application for a change of language: “Even though the European patent at issue was granted in English, the plaintiff, a Korean company, chose to bring its action in French, which respects the rights of the defendant, a French company established in France. However, neither the nationality of the representative of one of the parties, nor the nationality of the intervening company, constitute serious grounds for proposing a change in the language of the proceedings for reasons of convenience or fairness.”

Court of First Instance - Paris (FR) Local Division, Order dated 27/02/2024, Seoul Viosys Co., Ltd / Laser Components SAS (Case number: UPC_CFI_440/2023 ORD_10099/2024)
Example of decision on the language of proceedings: “Pursuant to Rule 322 of the Rules of Procedure (RoP), the Judge-Rapporteur may, on his own initiative or at the request of a party, after consulting the Chamber, propose to the parties that the language of proceedings be changed to the language in which the patent was granted, in accordance with Article 49 § 4 of the Agreement. If the parties and the Chamber agree, the language of proceedings is changed. Article 49.4 of the Unified Patent Jurisdiction Agreement provides that with the agreement of the parties, the competent chamber may, for reasons of convenience and fairness, decide to use as the language of proceedings the language in which the patent was granted.”
“Neither the nationality of the representative of one of the parties, nor the nationality of the company intervening in the proceedings, which it is not justified at this stage that it will participate in the proceedings, constitute serious grounds, either for reasons of convenience or for reasons of equity, which would justify proposing a change in the language of the proceedings to the parties.”

Court of First Instance - Munich (DE) Local Division, Order dated 03/11/2023, Amgen, Inc. v. Sanofi-Aventis Deutschland GmbH (Case number UPC_CFI_14/2023, ORD_584907/2023)
Example of decision changing the language of proceedings: “Pursuant to Rule 322 R, the Judge-Rapporteur may, of his own motion or at the request of a party, at any time during the written and interlocutory proceedings, after consultation with the panel, propose to the parties that the language of the proceedings be changed to the language in which the patent was granted in accordance with Article 49(4) of the Convention. If the parties and the panel agree, the language of the proceedings shall be changed. In view of the agreement of both parties and the other members of the panel, the language of the proceedings should be changed.”