An International Guide to
Patent Case Management for Judges

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12.3.3 Relationship between invalidity and infringement proceedings

Within the country’s unitary judicial system, courts competent to hear invalidation cases are the same as those competent for infringement cases, so that a single court can deal with both issues as part of the same proceedings.

It is thus not uncommon for defendants in infringement cases to seek invalidation of an allegedly infringed patent by way of either a defense or counterclaim. In such cases, without prejudice to procedural particularities triggered by invalidation requests (see Section 12.4), the proceedings continue before the same court, which will then rule on both invalidation and infringement as part of the same decision on the merits.

In the event of parallel judicial proceedings, the risk of contradictory rulings is avoided by means of a consolidated process, as provided for in the procedural rules. If such consolidation is not possible, the court hearing infringement proceedings can suspend them until the invalidation proceedings have been concluded.