Unified Patent Court
Une juridiction unique des brevets pour les États membres de l’Union européenne
Yes, a protective letter may be filed, typically where a person considers that there is a risk that an application for provisional measures against him as a defendant may be lodged before the UPC (Rule 207 of the Rules of Procedure of the UPC). A protective letter, in essence, is a pre-emptive statement of defence.
A protective letter may be filed at any time. It may contain facts, evidence and arguments of law and set out the reasons why any future application for provisional measures should be rejected by the UPC. The protective letter will have effect for a period of 6 months (extendable upon payment of an extension fee). It will not be made public. A fee will have to be paid.