Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 9: Scientific complexity and patent adjudication: the technical judges of the Unified Patent Court
This chapter analyses the advantages and challenges of having technical judges in patent litigation. The inclusion of technical judges is intended to enhance quality in patent adjudication and raises institutional and systemic questions. Technical judges of the Unified Patent Court will have equal legal standing to legal judges and will be involved in the adjudication process from beginning to end. Therefore, in addition to developing an excellent knowledge of the rules of procedure, they must acquire a sound understanding of fair trial principles and the interface between patent law and the broader legal order.
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