The adjudication of cross-border patent infringement and revocation disputes in Europe is regulated by the rules of jurisdiction provided for in various legislative instruments, e.g. the Brussels I Regulation (recast), the Lugano Convention, and international and national law. Once the Unified Patent Court Agreement has entered into force, the Unified Patent Court will also have jurisdiction to adjudicate on disputes relating to European and national patents. This manual provides an overview and a guide, including scenarios, to the jurisdiction of European courts concerning patent infringement and revocation disputes.
The jurisdiction of European courts in patent disputes has been prepared by the European Patent Office (EPO) and Professor Ansgar Ohly (the author) for training and information purposes only. Although it has been prepared with great care, it cannot be guaranteed that the information it contains is accurate and up-to-date, nor is it meant to be a comprehensive study or a source of legal advice. The opinions expressed in this manual are not necessarily those of the EPO.
The jurisdiction of European courts in patent disputes and any of its parts may be modified or translated on condition that the EPO and the author are credited as the providers of the original, and that it is clearly stated that changes have been made to the original material, that the modified or translated version has not been authorised by the EPO or the author, and that neither the EPO nor the author shall be responsible for the correctness of any such modified or translated version. Any other reference to the EPO, and in particular its official logo, shall be removed from any such version. The manual may be used and reproduced for non-commercial purposes, provided that the EPO and the author are acknowledged appropriately. Reproduction for commercial purposes is not permitted.