Rouse launches guide to litigating in UPC

Introduction to the UPC and its procedures

The new court system aims to provide businesses of all shapes and sizes with swifter, fairer and more cost effective means of resolving patent disputes in Europe.

Decisions of the Unified Patent Court (UPC) will take effect in all participating Member States avoiding the need for expensive, parallel proceedings in national courts of Europe which are heard in different languages, on different timescales and sometimes, with different outcomes. The UPC’s specialist patent judges will determine disputes relating to all future European patents with unitary effect (UPs) and, subject to an opt out, all conventional European Patents in participating EU states (EPs).

The UPC will have uniquely European procedures, drawing on the best aspects of existing national systems without favouring any one system more than another. The judges will have wide discretionary powers to determine the most appropriate procedure for each particular case providing a lot of flexibility in patent litigation. Companies pursuing simple, low value claims should be able to pursue a minimalist approach while companies involved in complex, higher value cases should still have access to more detailed procedures such as document disclosure, experiments, live expert evidence and cross-examination of witnesses.

The new system offers litigants many potential benefits as well as some unique challenges. Rouse’s Unitary Patent Team is ideally placed to help businesses navigate the new system.

This guide will be updated regularly as the UPC continues to develop towards its entry into force. If you would like to find out more or to request a free copy of the guide, please contact us at unitarypatent@rouse.com.

UPC Guide 1_Page _01