Patent Litigation Country Comparator 

As patent litigation processes vary from country to country, it can be challenging to navigate the complexities across borders.

To help you navigate these processes, our global Bird & Bird Intellectual Property team have developed this comparator tool, which provides answers to key questions surrounding patent litigation.

Last updated: September 2023.

Note: For European jurisdictions this tool relates to litigation in the national courts. However, a similar summary of the characteristics of litigation in the UPC is also available.

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Where can patent infringement actions be started? Is there a choice of venue? Are the judges specialists? Do they have technical backgrounds? How long does it take from starting proceedings to trial? Can a party be compelled to disclose documents before or during the proceedings? How are arguments and evidence presented at the trial? How long does the trial generally last and how long is it before a judgment is made available? Are judgments publicly available? Can a defence of patent invalidity be raised? Are infringement and validity issues heard together? Are infringement proceedings stayed pending resolution of validity in the national patent office (or, if relevant, the EPO) or another court? Are preliminary injunctions available? If they are, can they be obtained ex parte? Is a bond necessary? Can a potential defendant file protective letters? Are final injunctions available as of right? Is a bond necessary? What other remedies are usually ordered if a patentee is successful? Would the tribunal consider granting cross-border relief? Is there a right of appeal from a first instance judgment? How long between judgment at first instance and hearing the appeal? Is an appeal by way of a review or a rehearing? Can new evidence be adduced on appeal? What is the cost of a typical infringement action to first instance judgment? If the issues of invalidity and infringement are bifurcated, what is the cost of the invalidity action? Can the winner’s costs be recovered from the losing party? How much is the cost of an appeal?