It looks like the tired old proposal of a EU Patents Court may have been given a boost with proposed new rules intended to cover a new unified European Patent Court and impose strict time limits on litigating parties.
The proposals aim to resolve patent disputes (inclusive of any appeal) in under two years. Patent proceedings in the UK can be relatively quick (particularly if following the streamline procedure) but litigation costs can typically range anywhere between £200,000 and £1 million. The rules would mean that the court would have to consider the evidence and arguments supporting the merits of a case on paper with oral hearings being restricted to one day in the majority of cases. This could drastically reduce the expense of patent litigation in the UK.
The proposals would also speed up hearings in cheaper but much slower jurisdictions such as France or Italy, which are notorious for tying up parties to litigation for four or five years.
The proposed new rules, which were drawn up by senior patents judges, are now being sent to the European Commission. Hopefully the Commission will see the sense in addressing the fragmented patent litigation system that currently exists in Europe and make brining a patent action cheaper, quicker and more accessible for potential litigants.
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