UK Patent Litigation Is A Complex Area And Can Be Daunting

Q: What options are open to a patent owner seeking to enforce its rights in your jurisdiction?

The UK courts are divided into three jurisdictions: England and Wales, Scotland and Northern Ireland. The great majority of patent litigation takes place in the courts of England and Wales, which will be the focus of this Q&A.

In England and Wales, patents are enforced in civil proceedings brought by the patentee or the exclusive licensee, in the Patents Court (part of the High Court of Justice) or, for smaller matters, the Intellectual Property Enterprise Court (IPEC). Some disputes may also be resolved through the Patent Office, but this is much less common.

Q: Are parties obliged to undertake mediation/arbitration before bringing a case before the courts? Is this a realistic alternative to litigation?