For example, in some countries, the major milestones are as follows:
a. The patent holder must conduct a pre-filing investigation to ensure it has a good faith basis to file the lawsuit.
b. A complaint is prepared, filed and served on the defendant.
c. The defendant answers the complaint.
d. The court sets forth a scheduling order that dictates the deadlines in the case.
e. Discovery commences (written discovery, depositions, motion practice).
f. A hearing takes place where the scope of the claims is determined by the Court (Markman hearing).
g. Expert discovery takes place.
h. Pre-trial preparation begins after the close of discovery.
i. Trial takes place (typically 18-24 months after the filing of the complaint).
j. Appeal can be taken (typically decided within 12-18 months after the trial).
The major milestones of a litigation in Vietnam are summarized as follows:
- The patent holder must conduct a pre-filing investigation to ensure it has a good faith basis to file the lawsuit.
- A complaint is prepared, filed and served on the defendant in due prescription time (two years from date of infringement).
- Court issues a Notice of handling the case
- Judge issues a Decision to hear the case
- Negotiation between parties in the presence of Judge before the Trial takes place
- Trial takes place (typically 03-05 months after date of Notice of handling the complaint).
- To file an appeal application against Decision in Trial within 15 days counted from date of declaring Decision
- Appeal can be taken (typically decided within 04-06 months after the trial).