Inter Partes hearings

These are hearings held between two or more parties who are in dispute over something to do with a patent. In the hearing, both sides will put their case to one of our senior officers known as a "hearing officer". The hearing officer is trained to be independent and to look at all sides of the arguments. They will then make the final decision about the case.

In these kinds of disputes, it may be necessary to hold a preliminary hearing to sort out any problems that might be incurred along the way, but there will often be a hearing at the end of the process after both sides have provided evidence to support their point of view on the dispute.

There does not have to be a hearing. If both sides agree, the hearing officer can decide the matter using the paper evidence both sides have filed.

Hearings, particularly preliminary hearings, may be held by telephone or video conference link. We may also hold hearings at our London or Newport Offices and can hold them elsewhere if necessary.

Types of proceedings that can be decided upon

Find out about the most common types of disputes we can decide upon.

How to file proceedings with us (taking action against someone else)

Find out what you need to do to launch proceedings against someone else, for example the owner of a patent you believe to be invalid.

Responding to proceedings filed against you (defending your case)

Find out what you need to do if someone has initiated proceedings against you, for example a third party who is arguing that your patent is invalid.

Continuing proceedings

Find out about flexible management approach for proceedings.

Costs

Find out about awards of costs in proceedings.

Appealing a decision

If you disagree with the hearing officer’s decision, find out about how you can appeal it.

Resolving your dispute through formal litigation procedures, such as this, should be your last resort. It is always better to avoid litigation if you possibly can, by either trying very hard to resolve the dispute amicably or, if that fails, trying alternative dispute resolution procedures such as arbitration or mediation. If you resort to litigation, it will take up a great deal of your time, involve a lot of stress and cost you quite a lot of money, most of which you will not recover even if you are successful. Remember too that normally only one side wins at litigation and it might not be you, but if you negotiate, you stand a chance of coming up with a deal that allows both sides to win.