UK: Patents Court is running swifter than ever

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

UK: Patents Court is running swifter than ever

Sponsored by

twobirds-400px.jpg
jurica-koletic-mllbldl5bdw-unsplash.jpg

Tristan Sherliker of Bird & Bird explains how growing efficiency means that patent cases are taking less time to get to trial in the UK

It is often said that there is a rivalry between the different patent courts of Europe. When it comes to enforcement, they each have different processes and personalities. As well as Germany’s quick, split system popular with patentees, the centralised Dutch system is well respected and popular. On the other hand, perhaps unfairly, the Italian courts gained a reputation in the 2000s as a ‘torpedo’ jurisdiction.

In this strange competition, the UK has always placed highly. They have specialist courts with specialist judges, an emphasis on technical investigation, and a disclosure system that leaves nowhere to hide. All this effort can be expensive – but that is a manageable risk and a calculated one – offset by the fact that the winner recovers their costs (or most of them).

Recently though, slowing pace has been the downside to the UK’s system. In the last few years, demand for the court’s time, has at times, exceeded the court’s capacity. However, excitingly, there are signs that this is changing. Over the last year, the court’s diary has moved more quickly, cases are taking less time to get to trial, and the machine has become well-oiled.

Growing efficiency

Clearly this is good news for the UK as a centre of IP excellence. But why the sudden uptick in activity? There are two main reasons: one is banal, but the other more interesting.

That first reason, a purely practical one, is simply that the supply of judges’ time has risen to meet that demand. Two new patent court judges have been appointed to meet demand, and the court is also making use of specialist deputy judges to handle cases quickly. This welcome additional bandwidth was sorely needed after a lack of judges that was created for various reasons in 2019 and 2020.

The second aspect is far more interesting: the court process is getting smarter. There has been a spate of innovations and efficiencies in the court’s procedures which, taken all together, have really oiled the gears. An example of efficiency comes from lessons learned during the pandemic: after being dragged forcibly into the information age by repeated lockdowns, the court became accustomed to holding whole trials by video link, with electronic papers and witnesses deposed via Teams or Zoom. Now, this has become the norm for shorter hearings, which by default will all be done remotely, reducing the overhead along the road to trial.

Delivery of timely verdicts

The court has also made clear statements that it intends to do justice swiftly. In the Patents Court, there have been clear judicial statements that the court intends to bring patent cases to trial in 12 months or less where possible, and this is being done even in cases of high complexity. Beyond that, the Shorter Trials Scheme procedure – which allows less complex cases to jump the queue – has been used more and more in the context of IP – there have even been full patent cases in the Shorter Trials Scheme.

So, it seems that the English Patents Court is setting out its stall for more business. With the Unified Patent Court (UPC) on the horizon, it will clearly be important for the specialist court to retain and build on its reputation. There is even more reason for optimism here too, as Lord Justice Birss, a pre-eminent IP judge, has recently been appointed as Deputy Head of Civil Justice. He has made it clear that he will be spearheading further moves towards swift, modern dispute resolution in the coming years.

 

Tristan Sherliker

Senior associate, Bird & Bird

E: tristan.sherliker@twobirds.com

more from across site and SHARED ros bottom lb

More from across our site

Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
Gift this article