Managing IP Market Trends Report 2023 published

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Managing IP Market Trends Report 2023 published

Market Trends Report 2023

The report, which is about the unitary patent and Unified Patent Court (UPC), features survey data analysis and interviews with patent practitioners

Executive summary

The unitary patent and UPC system came into effect on June 1 2023, providing the opportunity to obtain a patent and a single forum for resolving disputes across all participating member states.

The European Commission believes the new system—the biggest change to patent protection in Europe in a generation—will incentivise R&D, reduce costs, and promote technology transfer while also making litigation simpler and more effective.

But what do users think? Before the launch of the new system, Managing IP obtained views from more than 3,500 people worldwide during the research for its annual rankings and awards. The majority of the respondents were private practice and in-house IP practitioners. The most striking finding was the high level of uncertainty about the new system right up to the launch.

More than three-quarters of in-house counsel and nearly six in 10 IP specialists in private practice did not know whether the new system would be a success. Of those that expressed an opinion, however, many more were optimistic than positive: a ratio of 8:1 for in-house counsel and 5.5:1 for private practice. Those that did not think it would be a success gave reasons for their views, ranging from increased complexity to limited financial benefits, too much uncertainty, and increased incentives to game the system.

When asked directly whether they would use the new system, 60% of in-house counsel were not sure, but more said “Yes” than “No”. Respondents in chemicals, energy and engineering sectors were most enthusiastic, while those in universities/non-profits, retail and apparel were less so. Those in very large companies were more likely to say they planned to use the system than those in very small ones, which may be a concern given that it is designed to promote accessibility for SMEs.

Uncertainty was also evident when in-house counsel were asked whether they were prepared for the new system, with the majority saying they didn’t know, though those in the EMEA region were slightly better prepared than those in others. Again, respondents in industries where patents are important were generally better prepared than those in other industries, though it was surprising to see a relative lack of preparedness among universities/non-profits and the automotive and finance industries.

Among in-house counsel, there was a slight preference for using patent attorney firms compared to law firms for work before the UPC, suggesting that the new system may be seen as closer to EPO proceedings than litigation in national courts. Time will prove if that expectation is correct.

To supplement the findings of the survey, we conducted a series of one-on-one interviews with in-house counsel and patent specialists in private practice, which are published in full. These were done in November and December 2023 and provide perspectives on how the system is functioning six months on from launch.


The Managing IP Market Trends Report 2023 was written by James Nurton. Subscribers can read the full report and interviews here.



About our Market Trends Reports

The Managing IP Market Trends Report provides an in-depth analysis of the key issues and developments and their potential impact on the IP market. The report is based on survey data and/or interviews with relevant stakeholders.

Read our previous reports:

  • The 2022 Market Trends Report here

  • The 2021 in-house survey report here

  • The 2017 in-house survey report here

  • The 2016 in-house survey report here

more from across site and SHARED ros bottom lb

More from across our site

Former professional cricketer Ben Scott talks through the challenges of building a legal tech platform, transitioning from sportsman to entrepreneur and why he believes he has found a gap in the market
The benefits of offering a range of services, innovative enforcement approaches, and gradual AI adoption are all helping SyCip Salazar Hernandez & Gatmaitan develop its IP offering
Nick Redfearn, head of enforcement at Rouse and a classic car enthusiast, explains the sudden viral appearance of classic car restomod parts from China and the impact of IP in this new trade
Our 2026 rankings for Western Europe, taken with historical data, reveal that some European IP markets hardly change – while others are more fluid
Selina Hinchliffe, head of commercial services at Shakespeare Martineau, reflects on rejecting Cambridge, leading through empathy, and why authenticity matters more than fitting in
US corporates are using the UPC, but much of that work still flows to European boutiques. Last week’s merger, as well as others, could alter that dynamic
Publicly listed Australian group IPH delivered on its promise to profoundly shake up the Canadian market. Four years on, rivals have had time to adapt
IP practitioners debate whether new guidelines will make it more difficult to challenge a patent
Varuni Paranavitane says she is excited to bring ‘rounded expertise’ to the firm, which will have a solicitor in its ranks for the first time
Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Gift this article