With the opening of the Unified Patent Court (UPC) on the continent now looking secure for 1 June, patent litigators are filled with anticipation. Most believe the UK’s national courts will remain a popular venue for fighting patent battles, given the uncertainty surrounding proceedings and case law at the UPC....

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With the opening of the Unified Patent Court (UPC) on the continent now looking secure for 1 June, patent litigators are filled with anticipation. Most believe the UK’s national courts will remain a popular venue for fighting patent battles, given the uncertainty surrounding proceedings and case law at the UPC. Certainly, English courts have become an especially popular arena for SEP holders in the wake of the landmark Unwired Planet ruling. Litigation in the SEP and FRAND space remained a hot commodity last year and dockets indicate that such activity is set to continue in 2023. Another key trend is the apparent increase in the use of litigation funding in patent battles, enabling smaller players to participate in the action. On the prosecution side, attorneys have been kept very busy by the unitary patent opt-out process, as a lot of big players, especially in the life science sector, opt out most of their blockbuster patents. On the other hand, many companies clearly want to keep some skin in the game, leaving crucial patents in play in an effort to shape emerging case law. Following on from the success of the covid-19 vaccines, mRNA remains a lively field, while other areas of growth in the life sciences include AI-assisted drug discovery, and, generally, the intersection of technology, machine learning and big data with medical devices and biotechnology. According to statistics published by the UKIPO in October 2022, the office saw 14,274 new patents filed between January and September 2022, while, over the same period, the office granted 7,593.

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