Orders to preserve evidence at the Unified Patent Court: a practical guide

Abstract This article aims to provide a practical guide on the conditions to fulfil to obtain an order to preserve evidence as provided in the Agreement on the Unified Patent Court and in the Rules of Procedure, based on the decisions of the Unified Patent Court’s (UPC) local divisions on this topic. After a brief justification of the existence of this type of measures in front of the UPC, this guide will discuss the key differences between ex parte and inter partes measures to preserve evidence, and it will outline how the judges have so far interpreted the conditions to obtain such measures.