UK patent proceedings are notorious for their high costs. However, a new cost-cap system could make the UK patent courts more attractive for SME claimants in future. The pilot project is expected to start at the beginning of next year.
The Civil Procedure Rules Committee (CPRC) has now approved a proposal for capping costs for patent cases in the Shorter Trial Scheme (STS). The proposal submitted by the Intellectual Property Lawyers’ Association (IPLA) adopts the current procedures for the STS, adding a single total cost cap of £500,000. The aim of this proposal is to provide potential litigants with greater certainty about the total financial risk of commencing proceedings.
Three year pilot
For the court system to introduce a formal cost cap, it is necessary to change the rules of procedure. The CPRC approved the proposal at a recent meeting in November, thus clearing the way for the rule change. A three-year pilot phase for the new system is expected to start at the beginning of 2024. Read more