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Introduction to Patent proceedings

In England and Wales, Disputes concerning patents are heard within the civil Jurisdiction of the courts, which apply the substantive governing legislation (the Patents Act 1977 (PA 1977), as amended) and the common law to reach a determination pursuant to the procedural law of England and Wales (ie as laid down by the Civil Procedure Rules (CPR)). Patent infringement proceedings are heard by the Patents Court or the Intellectual Property Enterprise Court (IPEC), which form part of the Business and Property Courts of the High Court (Chancery Division).

Remedies available from the courts of England and Wales in the context of a patent dispute, whether before, during or at the conclusion of litigation, may variously derive from the powers conferred on the courts by PA 1977, the common law or procedural law. In addition, when awarding such relief, courts must comply with the requirements of Directive 2004/48/EC on the enforcement of IP rights (the Enforcement Directive), at least in so far as they have been incorporated into the jurisprudence