[3] Originally established in 1990 by an order made under Section 287 (1) of the Copyright, Designs and Patents Act 1988,[4] the intention was that the PCC should be a forum where simpler cases could be dealt with under a cheaper and more streamlined procedure than the High Court.
One remaining difference was that cases at the PCC can be argued by solicitors or patent attorneys, rather than having to be presented by separate qualified barristers.
In order to revitalise the court and provide some procedural distinction from the High Court, a new set of procedural rules were introduced in Autumn 2010, at the same time that (as he then was) His Honour Colin Birss was appointed as the judge of the PCC.
These rules meant that much more detail was required in the particulars of claim (the document that sets out the claimant's case), the procedure as a whole was streamlined further (no disclosure, no examination in chief of expert witness, tight control by the Judge of the issues that go to trial) and financial limits were introduced to both the damages (at £500,000) and the legal costs (at £50,000, with an additional cap per stage) recoverable.
[7][8] Whilst the IPEC is now part of the High Court, Patent and Trade Mark attorneys retain their rights of audience and litigation.