Setting the limit on the value of claims heard in the Patents County Court

Reference: 2010-003

Launch date: 22 October 2010
Closing date: 3 December 2010

Please note: this is a SIX WEEK consultation

There have been previous consultations on the principle of the limit - please see the consultation document. The focus of this consultation is on setting the appropriate level of the limit.

The final report of Lord Justice Jackson’s Review of Civil Litigation Costs endorsed the Intellectual Property Court Users’ Committee (IPCUC) proposals for reforming the Patents County Court (PCC).

The IPCUC proposals included:

  • amendments to PCC procedures
  • a new costs regime and
  • a limit on the value of claims to be heard in the court

These are expected to reduce the cost of lower value IP litigation and will differentiate the County Court from the High Court.

Changes to the procedures and costs regime in the PCC have recently been implemented by the Ministry of Justice (MoJ) and the IPO will be introducing a limit on the value of claims to be heard in the PCC. The IPCUC suggested a limit of £500,000. However your views are sought on the appropriateness of this level and in particular we are seeking evidence to inform the Impact Assessment.