Continuing proceedings

Once we have received a counter-statement from the other side, we will send you a copy. If you wish to continue the proceedings, you will need to file a form 4 and pay a fee of GBP £350.

If you do not file a form and pay the fee, we will take it that you wish to withdraw the proceedings.

If you file the form and fee, we will then review the statement and counter-statement and will consider the best way of proceeding with the case.

Reviewing proceedings

As part of our review, we will adopt a flexible management approach which may involve consideration of the following:

Mediation

Where it seems to us that the dispute may be settled by alternative dispute resolution, such as mediation, we will write to you and the other side and will advise you both to consider mediation. If you are not prepared to try mediation, you may be asked to explain why.

If you and the other side agree to try mediation, the proceedings will continue. If you or the other side would like us to suspend the proceedings until the outcome of the mediation is known, you will need to ask us.

Preliminary Evaluation

Where appropriate, we will inform you and the other side of our intention to issue a Preliminary Evaluation (PE). A PE sets out our views of the issues. Its main aim is to focus both sides on the issues in dispute and assist in the efficient conduct of the proceedings. We may issue a PE at this early stage or may do so, for example, after the evidence rounds have been completed.

A PE may highlight questions the parties need to address or it may go further and give, for example, our provisional view of the matters to be decided. Either way, it will not constitute a decision and will not be appealable. When awarding costs in proceedings, we will consider whether a party has acted unreasonably in the light of a PE.

Case Management Conference

If we need to clarify the issues in dispute or settle any preliminary matters, we will contact both sides and arrange a Case Management Conference (CMC). We will set a date and will give both sides 14 days notice. We may invite both sides to attend in person or may hold the CMC by video or telephone.

We may hold a CMC at any time during the proceedings if we consider it appropriate.

Evidence rounds

If we decide to issue a PE, we will let you and the other side know. We will issue the PE as soon as possible and at the same time, we will also invite you and the other side to file your evidence.

If we do not intend to issue a PE at this stage in the proceedings, we will let you and the other side know and unless there are other considerations concerning the conduct of the proceedings, we will invite you and the other side to file your evidence.

Hearing date

We will invite you and the other side to agree a date for the hearing. The agreed date should be no later than 8 months from the date the form 4 has been filed. We will propose a suitable window of time which will provide time for both sides to consider any PE issued after the evidence rounds.

You and the other side will need to agree a suitable date within the window and will need to inform us. Unless there are exceptional circumstances, hearings will last no longer than 2 days and will usually be concluded within one day. If you and the other side are unable to agree a date for the hearing, we will set a date.

What happens after evidence has been filed and the hearing has been held?

We aim to complete the proceedings within 10 months of the date we have received form 4. We will issue a written decision as soon as possible after the hearing. A copy of the decision will be sent to you and the other side. We will also publish the decision on this website.

If you do not agree with the decision, you can appeal to the Patents Court.