UPCObservations & Oppositions builder

Revocation action

Arts. 32(1)(d) and 65 UPCA

A standalone action asking the Unified Patent Court to revoke a European patent, in whole or in part, for every UPC state where it has effect. One fully argued pleading, one fixed EUR 26,500 fee.

Start an invalidity search How IPtorch builds it
UPC Central division 1. Statement for revocation 2. Claim chart 3. Exhibit D1 4. Exhibit D2 5. D1 translation Statement Chart D1 D2 D1 (EN) Unsigned draft
Pleading, chart and exhibits in one unsigned bundle.

At a glance

Any time after grant

EUR 26,500 fixed, EUR 13,250 for small or micro enterprises (checked 22 Sep 2026)

Who can file
Any person concerned by the patent (Art. 47(6) UPCA). A legal person is in principle always concerned.
Deadline
None. Barred only while an opt-out stands (Art. 83(3) UPCA).
Official fee
EUR 26,500 fixed (Rule 46), or EUR 13,250 for a small or micro enterprise (Rule 370.8). Paid on lodging.
Language
The language of grant (Rule 45.1). Another language only under an Art. 33(7) UPCA agreement.
Anonymous
No. Claimant, registered office and representative are mandatory (Rule 44(a)).
Representation
Required: a lawyer, or a European Patent Attorney with the EPLC or an equivalent qualification (Art. 48 UPCA).
How it is filed
Through the CMS only (Rule 4.1); on paper only if the CMS is down.
Effect
Revocation in whole or in part, from the outset, in every UPC state where the patent has effect.

What it is

Revocation action, in brief

Any person concerned by the patent can bring it at any time after grant, with no opposition needed first. A UPC representative lodges it through the court's CMS, against every registered proprietor, usually at the central division. Revocation runs from the outset in each UPC state where the patent has effect.

The procedure is front-loaded: the whole attack is pleaded now. It cannot reach national parts in non-UPC states such as the UK, Spain, Poland, Switzerland or Turkiye, cannot run grounds outside Art. 138(1) and 139(2) EPC, and cannot touch an opted-out patent.

Grounds it can carry

  • Lack of noveltyArt. 138(1)(a) with Arts. 52 and 54 EPC
  • Lack of inventive stepArt. 138(1)(a) with Arts. 52 and 56 EPC
  • Excluded subject-matter or no industrial applicationArt. 138(1)(a) with Arts. 52, 53 and 57 EPC
  • Insufficiency of disclosureArt. 138(1)(b) EPC
  • Added matter or extended protectionArt. 138(1)(c) and (d) EPC
  • National prior rightArt. 139(2) EPC

Use it when

  • You want a European patent cleared across the UPC territory in one action, for example before a launch.
  • The nine-month EPO opposition window has closed, or the opposition has ended.
  • Nobody has yet sued you for infringement on this patent, and it is not opted out.

Choose another route when

How IPtorch builds it

From search to filing, minus the signature.

The invalidity search runs on into this filing when it ends, with no second click. Three model families take turns, so a draft is never checked by the model that wrote it.

  1. 1SearchClaims split into limitations, thousands of candidates screened, at least 50 references read in full.Gemini models read and check
  2. 2Claim mapA verbatim quotation and its location behind every limitation.Every cell checkable
  3. 3DraftWrites the papers in the office's format and language.Claude Opus 5.5 (Anthropic)
  4. 4ReviewChecks each citation against its document and builds the forms.Sol 6 (OpenAI)
  5. 5AdjudicateHigh strength: a third family rules on every objection.Gemini 3.1 Pro (Google)
  6. 6FolderUnsigned PDFs, ready for a professional to review, sign and file.Nothing is filed

What the builder does for this filing

  • It refuses the job before any spend if the claimant's name and address are missing, because a revocation action cannot be anonymous.
  • It pleads the whole attack now: an express claim construction feature by feature, then each ground within Art. 138(1) or 139(2) EPC, with a pinpoint per feature and proof of each document's public availability.
  • It starts from an invalidity search with at least 50 references read in full and re-qualifies each reference under the EPC prior-art rule the Court applies.
  • It checks that every registered proprietor is named as defendant from each national register, not the operating company, and refuses clarity as a ground and the superseded EUR 20,000 fee.

In the folder

  • Statement for revocationRule 44 RoP pleading, in the language of grant
  • Feature analysis and claim chartsAnnex: claim construction feature by feature, a pinpoint per feature
  • Evidence scheduleExhibits, dates, public availability, translation, confidentiality, upload type
  • Proprietor recordEvery registered proprietor, the register consulted and the date
  • CMS data sheetLodging data, parties, attachment types, payment, sign and send
  • Copies of every cited documentExhibits numbered by party prefix, for example CX 1
  • Labelled machine translationsBeside the original, into the language of proceedings

Builder strength

You choose how hard it is checked.

You pay for the tokens the sessions use, at the models' list prices plus a 30% fee, not for the time allowed. How pricing works

Low

40 minutesabout 10 million tokens (roughly $10 to $30)

  1. Opus 5.5 drafts the submission
  2. Sol 6 builds and checks the final forms

Medium

2 hoursabout 20 million tokens (roughly $20 to $60)

  1. Opus 5.5 drafts the submission
  2. Sol 6 reviews and rebuilds the content
  3. Opus 5.5 builds the filing folder
  4. Sol 6 checks the form

High

5 to 6 hoursabout 60 million tokens (roughly $50 to $200)

  1. Opus 5.5 drafts the submission
  2. Sol 6 runs a deep prior-art search
  3. Opus 5.5 rebuilds the submission against the evidence
  4. Sol 6 attacks it as an adversarial examiner
  5. Gemini 3.1 Pro adjudicates the objections
  6. Opus 5.5 applies the fixes and builds the filing folder
  7. Scripted checks of the filing folder
  8. Sol 6 audits the whole folder
  9. Convergence gate

If the gate fails, one repair round: opus 5.5 repairs what the gate found, sol 6 audits the repair, convergence gate, again.

What stays with you

You review, sign and file.

  • Apply your qualified electronic signature to the Statement PDF.
  • Transfer the fee by SEPA with the structured reference, then upload proof of payment.
  • Sign in the CMS and press 'Submit signatures and send', not 'Sign and close'.
  • If claiming the reduction, a company officer makes the truthful Rule 370.8(a) affirmation.

Where these go wrong

What the builder guards against.

  • Suing the operating company instead of every registered proprietor, or taking proprietors from a search instead of each national register (Rule 8.6).
  • Holding evidence back for the Reply: the procedure is front-loaded, and anything not filed now must be flagged under Rule 44(g).

More filings in Europe

EPO, UPC and national courts

All 17 filings

Start with the evidence.

Upload the patent or enter its number. The invalidity search charts every claim, and the builder takes it from there.

Start an invalidity search

Facts checked against the office's rules on 22 September 2026. IPtorch is not a law firm and this page is not legal advice. The builder's output is unsigned work product for a registered professional to review, sign and file; nothing is filed and no fee is paid for you. Confirm current requirements, fees and deadlines with the receiving office.