An International Guide to
Patent Case Management for Judges

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1.3.5 Summary proceedings

In some jurisdictions, the court may grant summary judgment in favor of an applicant if there is no reasonable prospect of the respondent defending the proceeding. The court may dismiss a proceeding if there is no reasonable prospect of the patentee successfully prosecuting the case; or if there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.47 In other jurisdictions, summary proceedings do not apply to patent actions, which are governed only by the ordinary procedure.48