European Patent Litigation in the Shadow of the Unified Patent Court

European Patent Litigation in the Shadow of the Unified Patent Court

Luke McDonagh

With the introduction of the Unified Patent Court (UPC) and the new European Patent with Unitary Effect, the European patent litigation system is undergoing a set of fundamental reforms. This timely book assesses the current state of European patent litigation by analysing recently published data on Europe's four major patent jurisdictions - the UK, Germany, France and the Netherlands - and also looks ahead to examine what the impact of the UPC is likely to be on Europe's patent litigation system in the near future.

Chapter 4: Exploring perspectives of the Unified Patent Court and the Unitary Patent within the business and legal communities

Luke McDonagh

Subjects: law - academic, constitutional and administrative law, european law, intellectual property law


During early January 2014, I was commissioned by the UK IPO to undertake an empirical, qualitative study of the UPC from the perspectives of those in the legal and business communities who will use the new system. The principal objective of the study was to identify and analyse what the key aspects of the UPC and the UP are for those who will use the new system. The aim was not to limit the study to UK participants but to include participants from within and outside the EU. I worked with the IPO to ensure that the overall research methodology – and particularly the list of interview questions and the representative sample of interviewees – was appropriate and tailored to meet the primary aim of the project, i.e. establishing what the most significant issues are for potential users of the new system. In this respect, I first examined the available literature on (i) the current state of patent litigation in Europe and (ii) the UPC/UPC reforms in order to discover what questions needed to be asked about the key patent issues in Europe. In this regard, the research presented in Chapters 2 and 3 of this book corresponds to this aspect of the study: in Chapter 2 I examined the current state of European patent litigation, and in Chapter 3 I explored the nature and characteristics of the UPC and the UP.

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