An International Guide to Patent Case Management for Judges

Understanding judicial systems for patent disputes across the globe

An International Guide to Patent Case Management for Judges is a comprehensive, accessible and practical guide to the different stages of patent litigation. Focused on ten patent heavy jurisdictions, it has applicability around the world and for all actors in the IP ecosystem.

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You may create your own custom guide, by selecting any combination of the jurisdictions and topics covered in the Guide.

Global Contribution from Judicial Experts

The guide draws on the expertise of some 70 contributors – prominent judges, renowned practitioners and leading legal academics in the patent field, with each country team led by:

  • Justice Annabelle Bennett (ret.) (Australia)
  • Judge Eduardo Azuma Nishi (Brazil)
  • Judge Du Weike and Judge Judge He Juan (China)
  • Justice Klaus Grabinski (Germany)
  • Justice Madan B. Lokur (ret.) (India)
  • Chief Judge Ryuichi Shitara (ret.) (Japan)
  • Judge Kyuhong Lee (Republic of Korea)
  • Lord Justice Colin Birss (UK)
  • Professor Peter S. Menell (US)
  • Frédéric Bostedt and Nikolaus Obrovski (Boards of Appeal of the EPO).

Patent Systems and Patent Litigation Procedures

Each chapter offers an overview of the patent system in the respective jurisdiction and details the procedures and practices for managing patent infringement cases, while integrating pertinent patent law doctrines. The topics covered include:  

  • the role of patent offices in evaluating and determining patent validity
  • the judicial structures responsible for resolving patent disputes
  • early case management
  • patent claim construction
  • provisional measures
  • discovery and gathering of information
  • summary judgment
  • evidence
  • patent infringement trial
  • remedies available in patent infringement proceedings.

Vision for the IP judiciary

WIPO’s vision is for a balanced and effective approach to intellectual property that works for everyone, everywhere.  This requires that the judicial structures around IP respond effectively to the needs of each Member State while, at the same time, working harmoniously across territorial boundaries to engage with the demands of an interconnected and increasingly digital world.  We hope that the guide will promote greater knowledge, as well as the cross-pollination of judicial approaches and best practices as we work towards this important global goal.

Daren Tang

Director General, WIPO

Patent protection plays a central role in promoting innovation, and as the impacts of innovation have increasingly transcended international boundaries, the need for a working familiarity with different national and sub-national patent systems has increased. Although their work often is the subject of international treaties and cooperation agreements, national patent systems, judicial institutions, and enforcement regimes vary significantly across jurisdictions.  The overarching goals of the guide are to enhance understanding of international patent protection, share best practices for improving patent case management, and promote international comity. 

Jeremy Fogel

Executive Director, Berkeley Judicial Institute
Former Judge and Director of the Federal Judicial Center in the United States of America

WIPO's work with judiciaries

WIPO collaborates with judges from around the world to exchange knowledge and practices to create a more balanced intellectual property ecosystem.

Find out more about WIPO’s work with judiciaries.