Enforcement of European Patents - Other Aspects, Including Costs

Other Aspects, Including Costs

All other substantive rights attached to a European patent in a Contracting State, such as what acts constitute infringement (indirect and divided infringement, infringement by equivalents, extraterritorial infringement, infringement outside the term of the patent with economic effect during the term of the patent, infringement of product claims by processes for making or using, exports, assembly of parts into an infringing whole, etc.), the effect of prosecution history on interpretation of the claims, remedies for infringement or bad faith enforcement (injunction, damages, attorney fees, other civil penalties for willful infringement, etc.), equitable defenses, coexistence of an EP national daughter and a national patent for identical subject matter, ownership and assignment, extensions to patent term for regulatory approval, etc., are expressly remitted to national law.

Not only the national judicial procedures differ, the litigation costs and duration may significantly vary from one country to another.

"Litigation costs vary significantly across jurisdictions. The United Kingdom is by far the most expensive jurisdiction among EPC member states. The cost is much higher than in the three other jurisdictions, and is nearly as high as their cumulated costs. The litigation costs in Germany, France and the Netherlands are similar."