Applicants for patent protection in Europe have been able to file and prosecute patents in a centralised European Patent Office (EPO) since 1977. However, the enforcement (and validity) of patents is determined by the national courts. Due to this multi-jurisdictional system, patent litigation in Europe is expensive and time consuming and, alarmingly, can give different results in different jurisdictions. This is because although the scope of patent protection in Europe is determined by the European Patent Convention (EPC) for all the contracting states, the governing article (Article 69) leaves broad room for interpretation and consequently it is not understood in the same way across Europe.

A proposal, in discussion since 1999 for a European Patent Litigation Agreement regrettably died by 2007 and has since been replaced by ongoing discussions for both a single EU patent and merged patent enforcement proceedings. However, until such a centralised EU patent and related court system is created, it is essential to have European patent litigation strategy well managed and coordinated by an experienced team.

John Hepworth has conducted and managed a number of significant UK and multi-jurisdictional patent litigation proceedings in Europe, with successful outcomes for his clients. John’s overriding message for litigation strategy is think trial and then think backwards to the beginning from there: by focusing on all the requirements needed for concluding a successful trial, we often enable our clients to reach a beneficial settlement before getting to court.

If you would like more information about Hepworth Browne’s patent litigation work, or you would like to talk to John about some potential or ongoing patent litigation please contact him on +44 (0)845 270 4900 or email him at jmh@hepworthbrowne.com