UK IPO study on patent litigation – UPC implications


As part of its UPC studies, the UK IPO has published a study here on the volume of patent litigation in the English courts.  It notes that “UK businesses face a difficult decision:  should they or should they not seek to obtain UP protection?  Finding the right answer to this question is important because if UK businesses and inventors choose to obtain UPs – rather than GBs or the traditional EPs – then they will not be able to undertake litigation at national venues…” The report concludes that:  “ … in the coming years patentees may decide to maintain a spread of different types of patents – GB, EP and UP – a decision that would leave multiple potential litigation venues open…”

And as the report itself concludes, it: “makes a useful contribution to current discussions concerning patent litigation within the UK and the wider EU”. 

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