Litigation

The United States and Germany remain the most highly esteemed jurisdictions for patent litigation – as they have been for several years – outperforming another six countries (or ‘other’) in terms of thoroughness and value for money.

Of those at IP-owning companies, 51% thought that the United States had the most thorough litigation system, compared to second-place Germany (17%) and third-place United Kingdom (8%). This was a more close-run contest among private practitioners, 32% of whom saw the United States as the most thorough – only slightly more than the 30% who opted for Germany and 19% who picked the United Kingdom.

Germany has the edge when it comes to perceived value for money: 40% of corporate respondents and 38% of those at law and attorney firms said that it offered the best value, with the United States coming second on 21% and 32%, respectively. The United Kingdom ranks third highest in this respect too, garnering 10% and 19% of votes.

In terms of having confidence in IP litigation systems, there is a disparity between the answers provided by private practice respondents and by those at IPowning companies. Of the latter, 39% ranked the United States as the system in which they had the most confidence – more than for any other country – only 18% of the former chose the United States, placing it third – after Germany (36%) and, for the first time, the United Kingdom (21%).

Much of the patent community expects to see an increase in litigation in several jurisdiction over the next five years. As might have been predicted, China is the country expected by the largest proportion of respondents to see more lawsuits in 2025: 71% of corporate professionals and 82% of private practitioners believe that this a likely scenario. India is also anticipated to have more patent litigation by 56% of those at IP-owning companies and 46% of those at law and attorney firms. Brazil is predicted to see an increase by 28% and 40%, respectively.

A significant proportion of in-house professionals also expect to see more litigation in five years in Germany (47%) and the United States (41%); but only 24% of private practice respondents are confident that there will be more suits in the United States.

The message is largely positive for the post-Brexit United Kingdom. Of those at IP-owning companies, 85% expect that there will be at least as much litigation as today in five years’ time, with 29% expecting to see more. However, 31% or private practitioners expect to see less litigation there in 2025 – a higher proportion than for any other jurisdiction.

Figure 21. Which of the following countries offers the best value for money for IP litigation? (IP owners)

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Figure 22. Which of the following countries offers the best value for money for IP litigation? (private practice)

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Figure 23. Which of the following countries has the most thorough litigation system? (private practice)

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Figure 24. Which of the following countries has the most thorough litigation system? (IP owners)

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Figure 25. In which of the following litigation systems do you have the most confidence? (IP owners)

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Figure 26. In which of the following litigation systems do you have the most confidence? (private practice)

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Table 13. How much litigation would you expect to see in the following jurisdictions in five years’ time? (IP owners)

 More than at presentThe same amountLess than at present
Brazil28%64%8%
China71%24%4%
France16%71%13%
Germany47%47%6%
India56%39%5%
Indonesia7%81%12%
Japan19%69%11%
Korea21%76%3%
Mexico11%79%11%
Netherlands24%71%6%
Nigeria6%82%12%
United Kingdom29%56%15%
United States41%45%14%
Vietnam11%77%12%

Table 14. How much litigation do you expect there to be in the following jurisdictions in five years’ time? (private practice)

 More than at presentThe same amountLess than at present
Brazil40%52%9%
China82%16%2%
France18%69%13%
Germany36%57%8%
India46%47%6%
Indonesia22%66%11%
Japan18%73%9%
Korea27%71%2%
Mexico12%76%11%
Netherlands22%68%10%
Nigeria14%70%16%
United Kingdom29%40%31%
United States24%59%17%
Vietnam16%75%9%

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