Filing infringement action against a UP and the EP via the UPC
Each situation will be assessed individually.
The majority of the procedures will consists of these steps:
- An assessment of the nature of the infringement.
- Gathering evidence.
- If necessary, a comparison of the patent description.
- The preparation of arguments (including an analysis of legal acts, case law, and other sources).
- Drafting the procedural documents.
One of the upcoming UP services – infringement. Unfortunately, problems coming from violating a patent owner’s rights may be impossible to resolve through negotiations. Then, the only way for the patent owner to protect their legitimate interests is to take the issue to the courts (in the form of the UPC). The process requires a great deal of experience and knowledge. It consists of the proper drafting of a procedural document, the selection of arguments, and the gathering of evidence. In this case, it is best to turn to IP specialists in the form of IP solicitors.