The start of the UPC in early 2023 is a hot topic currently being discussed by the legal press and, with the Court’s judges having recently been appointed, there’s a lot of speculation on what patent litigation in the new system will look like – and how it will compare to national courts.
Matt spoke about some key characteristics of the English system which will, no doubt, be attractive for patent holders around the world:
- a greater use of disclosure, a point of particular interest for claimants who can receive more information about a patent or a process in UK proceedings than they can do in the UPC
- procedural tools like Arrow declarations, or cross-border declarations of non-infringement, which the UPC may not have jurisdiction to grant
- lighter requirements in pleadings, which in the UPC will have to be very detailed
- a willingness to set global FRAND rates in case of Standard Essential Patents (SEP) licensing disputes
- declarations of essentiality, used to avoid relitigating infringement issues for standard patents