How to file proceedings with us

Depending on the type of dispute, proceedings can be filed in the court or with us. However filing proceedings should be a last resort. It will take up a great deal of your time, involve a lot of stress and cost you quite a lot of money. Remember too, normally only one side wins and it may not be you. If you are unsuccessful you may have costs awarded against you.

You should try first to reach a settlement with the other side or failing that you might want to try mediation. If the dispute relates to infringement or validity of a patent, you might also want to consider obtaining an opinion from us.

What do I do?

If you decide to file proceedings with us, you need to complete form 2 unless you are filing an opposition, in which case you will need to use form 15.

You need to send us two copies of the form and pay an initial fee of GBP £50. You also need to send us two copies of a statement of grounds and two copies of any documents you refer to in the statement of grounds.

Unless you are requesting a review of an opinion or the other side does not contest the proceedings, you will need to file a form 4 and pay a further GBP £350 later.

Although it is possible to file proceedings yourself and this site provides you with guidance on how to do so, you might want to consider contacting a patent attorney or solicitor.

To find a solicitor in your area, you should check your local phone book. To find a patent attorney, contact the Chartered Institute of Patent Attorneys .

What happens next?

Before we consider your case, we will send a copy of your statement of grounds to anyone we believe has an interest in your case to allow them to respond with a counter-statement.

You can find information about how we conduct cases in our Hearings manual and Litigation manual.