An International Guide to
Patent Case Management for Judges

Full guide

Download full guide Download current chapter
WIPO Translate
Google Translate

1.3.10 Mediation

In many jurisdictions, the courts will explore possibilities for settlement and encourage parties to attend mediation as a standard part of patent proceedings. Mediators may be appointed by the court or chosen by the parties.58 In some jurisdictions, the court may render a ruling of settlement recommendation ex officio during the pendency of the action, in order to fairly settle the case by taking account of the parties’ interests and all other circumstances.59 In others, mediation agreements may be approved by a judge and have the effect of an instrument enforceable in court.60