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Expert Guide 03 Jul 2023 (UPDATED: 11 Dec 2023) · International

CMS International Patent Litigation Guide

2 min read · Comparable

Welcome to the digital version of the CMS International Patent Litigation Guide (4th edition).

CMS International Patent Litigation Guide is your essential tool to get an overview of the options and pathways to enforce patents in the courts of 18 major jurisdictions.

Please download the pdf version of the guide or scroll down to select and compare the jurisdictions of most interest to you.

Attachment
PDF
2.7 MB
CMS International Patent Litigation Guide

For each jurisdiction, you can quickly assess and compare critical issues such as:

  • Standing - Who is entitled to sue for patent infringement, the number of parties that can be included in proceedings and time limits in which infringement claims must be bought
  • Timing and Forum – Where proceedings are brought, typical duration of trials and the handling of FRAND/compulsory licenses in court proceedings
  • Evidence – Use of expert witnesses, disclosure requirements and rules on seizure of evidence/documents
  • Appeals – Routes, grounds and timings for appeal – and the potential interim enforcement of first instance decisions
  • Costs – Estimated legal costs, appeal costs and recoverability of litigation costs

For dedicated information on the enforcement of European Patents before the Unified Patent Court please also visit our CMS UPC Insight webpage.

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