Patent Litigation: Country Q&A tool

Search the Country Q&A in the Patent Litigation Global Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

Choose your questions - Select all/De-select all

Choose your jurisdictions - Select all/De-select all

Sources of law

1. What are the principal sources of law and regulation relating to patents and patent litigation?
 

Court system

2. In which courts/government bodies are patents enforced?
 
3. Do the courts/government bodies deal with infringement and invalidity simultaneously or must invalidity actions be brought in separate proceedings?
 
4. Who can represent parties before the court and/or government body?
 
5. What is the language of the proceedings? Is there a choice of language?
 
6. To what extent are courts willing to consider, or are bound by, the opinions of other national or foreign courts, or other national or international bodies, that have handed down decisions in similar cases?
 

Substantive law

7. How is patent infringement assessed?
 
8. What defences are available to an alleged infringer?
 
9. On what grounds can a patent be invalidated?
 
10. Can a court only partially invalidate a patent or transform it into a utility model?
 
11. s it possible to amend patent claims during proceedings?
 
12. Are there any grounds on which an otherwise valid patent can be deemed unenforceable?
 

Parties to litigation

13. Who can sue for patent infringement?
 
14. Under what conditions, if any, can an alleged infringer bring proceedings to obtain a declaratory judgment on non-infringement?
 
15.  Who can be sued for patent infringement?
 
16. Is it possible to add or remove parties during litigation?
 

Enforcement options

17. What options are open to a patent holder when seeking to enforce its rights in your jurisdiction?
 
18. Is it compulsory to send a cease and desist letter to an alleged infringer before commencing patent proceedings?
 
19. To what extent are courts willing to grant cross-border or extra-territorial injunctions (preliminary or permanent)?
 
20. To what extent do courts recognise the blocking effect of "torpedo" actions abroad?
 
21. To what extent are arbitration, and alternative dispute resolution (ADR) methods (such as mediation), available to resolve patent disputes?
 

Administering the estate

22. Can a patent holder bring proceedings claiming both patent infringement and unfair competition for the same set of facts?
 
23. To what extent can enforcement of a patent expose the patent holder to liability for an anti-trust violation?
 

Procedure in civil courts

24. What is the format of patent infringement proceedings?
 
25. What are the rules and practice concerning evidence in patent infringement proceedings in your jurisdiction?
 
26. Is evidence obtained in criminal proceedings admissible in civil proceedings and vice versa?
 
27.  Is evidence obtained in civil proceedings admissible in other civil proceedings?
 
28. To what extent is pre-trial disclosure permitted and what other mechanisms are available for obtaining evidence from an adverse party or third parties?
 
29. What level of proof is required for establishing infringement or invalidity?
 
30. How long do patent infringement proceedings typically last?
 

Preliminary relief

31. Is preliminary relief available, and if so what measures are available and under what conditions?
 
32. Can a protective writ be filed at the court at which an ex parte application may be filed against that defendant?
 
33. What is the format/procedure of preliminary injunction proceedings?
 
34.  If a preliminary injunction is granted and the main infringement action is finally lost, can the defendant claim damages for the unjustified preliminary injunction?
 

Final remedies

35. What remedies are available against a patent infringer?
 

Appeal procedure

36. What avenues of appeal are available for a defeated party and under what conditions?
 

Litigation costs

37. What level of cost should a party expect to incur to take a case through to a first instance decision, preliminary injunction proceedings and appeal proceedings?
 

Reform

38. What are the important developing and emerging trends in your country's patent law?
 
{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1248310135195", "objName" : "Patent Litigation Country Q&A tool", "userID" : "2", "objUrl" : "http://us.practicallaw.com/cs/Satellite/us/resource/7-622-6947?null", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "true", "analyticsPermCookie" : "22e97be00:15b0af9e485:3e74", "analyticsSessionCookie" : "22e97be00:15b0af9e485:3e75", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }