9.9.2 Pre-action
As in the Patents Court, there is no specific pre-action protocol for litigation in IPEC, and the “Pre-action Conduct and Protocols” practice direction168 applies. Defendants in an IPEC case are expected to respond within 14 days, except in exceptional circumstances.
The claimant will choose whether it issues its claim in the Patents Court or IPEC, and this will be specified in the claim form.