How to Run a Patent Infringement Lawsuit in Greece: Procedure, Interim Measures, Evidence & Damages

Last updated: 2026

Patent litigation Greece has entered a more active phase, with a broader enforcement emphasis that has changed how rights-holders plan and run infringement claims. This guide sets out, in practical terms, how to bring a patent infringement lawsuit in Greece: which court to file in, how to secure interim relief before the main trial, what evidence you must assemble, and how damages are calculated. It is written for in-house counsel, patent owners, general counsel, defendants, and IP litigators who need a procedural playbook rather than a marketing overview. Every procedural and statutory point below is anchored to primary Greek and European sources listed at the end.

Overview: What Patent Litigation in Greece Involves

A patent infringement lawsuit in Greece is a civil action in which the holder of a valid patent asserts that a third party is exploiting the patented invention without authorisation. The available outcomes fall into three broad categories: injunctive relief to stop the infringing acts, monetary compensation for the harm suffered, and ancillary orders such as recall, destruction of infringing goods, and publication of the judgment. Enforcement typically runs on two parallel tracks, an urgent interim track for immediate relief and a slower main-proceedings track for a final ruling on the merits and damages.

Greece is a party to the European Patent Convention, and national enforcement covers both nationally granted patents and European patents validated for Greece through the European Patent Office. National patent registration and register extracts are administered by the Hellenic Industrial Property Organisation (OBI). Because validity and infringement are handled through distinct procedural mechanisms in Greece, a successful enforcement strategy usually requires coordinated planning across both dimensions from the outset. Rights-holders should also note the entry into operation of the Unified Patent Court framework at EU level, which can be relevant for European patents with unitary effect; Greece has ratified the Agreement on a Unified Patent Court, and its interaction with national litigation should be assessed case by case.

What Counts as Patent Infringement in Greece

Infringement arises where a party, without the patent holder’s consent, makes, uses, offers, sells, or imports a product or process that falls within the scope of the patent claims. The scope is defined by the claims as granted, interpreted in light of the description and drawings. Establishing infringement therefore turns on a claim-by-claim comparison between the asserted claims and the accused product or process, the technical heart of every patent lawsuit in Greece.

Which Patents Are Covered

Two categories of patent can be enforced before the Greek courts: national patents granted by OBI, and European patents validated in Greece. For a validated European patent, the claims and their translation on the national register govern the scope of protection. Confirming the exact status of the patent, in force, lapsed for non-payment of renewal fees, or amended, via the OBI or EPO register is the first substantive step in any patent enforcement Greece strategy.

Eligibility and Jurisdiction: Who Can Sue and Where

Before drafting a complaint, confirm two things: that your client has standing to sue, and that you are filing in the competent court with proper service on the defendant.

Who Has Standing

The registered patent owner has primary standing to bring an infringement action. An exclusive licensee generally has standing to sue as well, subject to the terms of the licence and, where required, recordal of the licence on the register. Where ownership has been assigned, ensure the assignment is recorded with OBI before filing, as gaps in the recorded chain of title are a common line of defensive attack.

Competent Court and Specialist IP Lists

Patent infringement claims are heard by the civil courts of first instance, with the Multi-Member First Instance Courts typically competent for the main action on the merits given the claim values and complexity involved. The First Instance Courts of Athens and Thessaloniki concentrate the bulk of patent work and have judges more familiar with technical IP disputes, which is a material practical consideration when choosing venue. Urgent interim measures are heard under the provisional measures procedure (asfalistika metra), which follows an accelerated track distinct from the main action.

When to Consider EPO or Other Routes

Where the patent is a European patent still within the opposition window, a defendant may attack validity centrally at the EPO rather than, or in addition to, raising invalidity nationally. Rights-holders should map these parallel routes early: a pending EPO opposition can influence whether a Greek court proceeds, stays, or accelerates. EPO guidance on the interaction between national enforcement and central revocation should inform this assessment.

Step-by-Step: How to Bring a Patent Litigation Greece Claim

Patent litigation Greece proceedings follow a recognisable sequence. The table below maps the responsible party and typical duration for each stage, followed by detailed guidance on every step. All durations are indicative and depend on court workload and case complexity.

Step 1, Run a Clearance/Infringement Audit and Preserve Evidence

Begin with a disciplined audit: confirm the patent is in force via the OBI or EPO register, obtain a certified register extract, and build an initial claim chart mapping the asserted claims to the accused product or process. Simultaneously preserve evidence before the defendant becomes aware of the dispute. This means securing product samples with dated purchase invoices, capturing marketing and technical materials, and documenting the chain of custody for every item. A practitioner tip worth internalising: any break in chain of custody can undermine an otherwise strong technical case, so record who handled each sample, when, and where it was stored.

Step 2, Consider Interim Relief First

Where infringement is ongoing and threatens irreparable harm, an application for interim measures should often precede the main complaint. The provisional measures track lets you seek a preliminary injunction to halt infringing acts quickly, sometimes with a hearing within days. To obtain a patent injunction Greece order, you must show urgency, a prima facie case on infringement and validity, and a real risk of harm that damages alone cannot repair. The court may require security or a bond as a condition of granting interim relief.

Step 3, Draft and File the Complaint

The statement of claim must precisely identify the patent asserted, the specific claims relied on, the accused products or processes, and the relief sought. Attach the certified patent copy, the register extract, and the claim charts. Vague pleading of infringement is a frequent and avoidable weakness, the complaint should read as a self-contained technical and legal argument, not merely a set of allegations.

Step 4, Serve the Defendant and Consider Provisional Seizure

After filing, serve the defendant in accordance with the applicable service rules; for foreign defendants, allow additional time for cross-border service. Where there is a risk that the defendant will dissipate assets or conceal infringing stock, consider provisional seizure or attachment to secure the monetary claim or preserve the goods. These orders can be obtained rapidly where the creditor meets the statutory requirements.

Step 5, Engage Technical Experts

Patent cases are won and lost on expert evidence. Instruct a qualified technical expert to prepare an infringement report, and, where validity will be contested, a validity report defending the patent. Coordinate the timing of expert work with any inspections or surveys, because expert conclusions frequently depend on physical examination of the accused product. Explain methodology clearly; Greek judges are generalists in technical matters, so a report that transparently sets out its reasoning carries more weight than one that asserts conclusions.

Step 6, Manage Parallel Invalidity/Nullity Risk

Defendants routinely respond to infringement claims by attacking validity. Decide early whether patent invalidity Greece challenges are more likely to arise as a court counterclaim or through separate nullity proceedings, and prepare your validity defence before filing rather than reacting later. For European patents, factor in any live EPO opposition. Coordinating these strands is a tactical exercise: an unaddressed validity vulnerability can defeat an otherwise clear infringement case.

Step 7, Prepare for Evidence Exchange and Inspection

The evidence phase may involve exchange of documents, inspection of premises to preserve technical evidence, and cross-examination of experts. Anticipate the defendant’s technical arguments and ensure your expert can respond to them at the hearing. Where inspection of the defendant’s facility is warranted to establish how an accused process operates, seek the necessary court authorisation early.

Step 8, Trial Strategy

At trial, focus the court on the decisive issues, usually a small number of claim features and, where relevant, the strongest validity points. In clear-cut cases, press for an accelerated hearing. Consider whether preliminary issues can be isolated to shorten the overall dispute. A tightly framed case is easier for a generalist court to decide in the rights-holder’s favour.

Step 9, Enforce the Judgment or Appeal

If you succeed, move quickly to enforce: injunctions are enforced through the bailiff and monetary awards through enforcement orders against the debtor’s assets. If you lose, note the appeal deadline immediately, appeals must be filed within the statutory window stated in the judgment, and the appellate process can run one to three years. Points of law may ultimately reach Areios Pagos, the Supreme Civil and Criminal Court.

Preparing the Complaint: Mandatory Exhibits and Claim Charts

A well-prepared complaint annexes the certified patent copy, the register extract proving title, the claim charts, product samples with invoices, and the expert infringement report where available at filing. The claim chart is the single most persuasive exhibit: a side-by-side table showing each claim feature against the corresponding feature of the accused product converts an abstract allegation into a concrete demonstration.

When to Seek Interim Measures: Urgency, Irreparable Harm, Prima Facie Case

Interim relief is appropriate where waiting for a final judgment would cause harm that cannot be undone, for example, loss of market share on a product launch, or price erosion. The three tests the court weighs are urgency, a prima facie case, and irreparable harm. Delay in applying undermines the urgency argument, so move promptly once infringement is confirmed.

Parallel Nullity Actions: Pros and Cons

A defendant’s nullity challenge can slow enforcement, but it also concentrates the validity dispute where it can be decided decisively. Rights-holders should assess before filing whether their patent will withstand attack, and defendants should assess whether a credible validity challenge is their strongest route. The tactical calculus differs case by case and should be settled at the strategy stage.

Managing Cross-Border Evidence and EPO Filings

Where evidence or witnesses sit outside Greece, plan for the additional time and formalities of cross-border collection and service. For European patent litigation Greece matters, keep the national action aligned with any EPO proceedings so that positions taken in one forum do not undermine the other.

Required Documents for a Patent Lawsuit in Greece

Assembling a complete evidentiary file before filing avoids procedural delay and strengthens any interim application. The table below sets out the core documents, their purpose, and authentication requirements.

Non-Greek documents require certified translations, and foreign public documents generally require an Apostille or consular legalisation. A practical device that helps the court is a concise executive summary attached to the technical exhibits, orienting a judge who is unfamiliar with the underlying technology before they reach the detail.

Timeline and Deadlines in Patent Litigation Greece

Timeframes vary widely with case complexity, court workload, and whether validity is contested. As a general guide, the main action to first-instance judgment commonly runs 12–24 months, with genuinely complex disputes taking longer. The interim track moves much faster. Key timing points to plan around:

• Interim injunction hearings. In urgent cases the court may hear the application within days, with a provisional order following shortly afterwards. Courts frequently issue a temporary order (prosorini diatagi) pending the full provisional-measures hearing.
• Appeals. The deadline to appeal is stated in the judgment or court order; confirm the exact date from the order rather than relying on a general estimate, and take account of the different rules that can apply depending on whether and how the judgment was served.
• Provisional seizure or attachment. Where the creditor meets the statutory requirements, these orders can be obtained quickly, preserving assets or infringing stock before trial.

The interim measures available differ in speed, security requirements, and scope. The comparison below helps rights-holders select the right instrument.

Interim Measures and Customs in Patent Litigation Greece

Customs measures are a valuable and sometimes overlooked route. Rights-holders can file an application for action with the Greek customs authorities so that suspected infringing goods can be detained at the border to prevent their import or export. Customs enforcement operates within the EU customs framework, and rights-holders enforcing across borders should consult EUR-Lex for the applicable EU customs enforcement regulation and the European Union Intellectual Property Office for cross-border enforcement guidance and the EU enforcement portal.

Costs and Fees

Budgeting realistically at the outset avoids strategic compromises later. Costs depend heavily on case complexity, the seniority of counsel and experts, and whether validity is fought in parallel. The ranges below are broad indicative estimates only and should be confirmed with counsel for a specific matter; official court fees are set by the applicable rules and vary with claim value.

Overall cost for a patent damages Greece dispute taken through first instance can vary considerably with complexity and whether validity is fought in parallel. Always hold a contingency for parallel invalidity proceedings, which add further expert and legal cost. Obtain a tailored fee estimate from counsel before committing to litigation.

Enforcement Trends and Practical Developments

Greek patent enforcement continues to reflect a broader emphasis on effective IP protection, consistent with the EU Enforcement Directive (Directive 2004/48/EC) as implemented in Greek law, and with the harmonised remedies it provides, injunctions, corrective measures, damages, and the right to information. Practitioners are focusing on tighter expectations around timely evidence preservation, a responsive provisional measures track, and closer coordination between national enforcement and parallel EPO proceedings.

The practical effect is that rights-holders tend to move earlier and more aggressively on interim relief, while defendants need to prepare validity challenges sooner. Courts are generally receptive to well-evidenced urgent applications where the prima facie case and irreparable harm are clearly made out. For the precise statutory framework and any recent amendments, consult the relevant provisions of Greek industrial property law as published in the Official Gazette (FEK) and cross-check OBI guidance for procedural detail on the national patent framework. Because legislation is periodically amended, always verify the current text before relying on any specific provision.

Common Pitfalls and Practical Tips

• Late evidence preservation. Waiting to secure samples and documents until after the defendant is alerted risks losing decisive evidence and breaking the chain of custody. Preserve first, then act.
• Weak claim charts. A vague or high-level mapping invites the court to doubt infringement. Build a granular, feature-by-feature chart supported by technical annexes.
• Delaying interim relief. Failing to apply promptly undermines the urgency argument and can forfeit the fastest and most powerful remedy, the patent injunction Greece order.
• Ignoring validity. Treating invalidity as a defendant’s problem to raise later leaves you exposed; prepare the validity defence before filing.
• Inadequate bond preparation. Interim relief may be conditioned on security; failing to plan for a potentially substantial bond can stall an otherwise successful application.
• Overlooking customs avenues. For imported infringing goods, border measures can be faster and cheaper than litigation alone. Build customs into the enforcement plan from the start.
• Poorly presented expert evidence. Reports that assert rather than explain fail to persuade a generalist court. Lead with methodology and a plain-language summary.

Conclusion

Patent litigation Greece rewards early, disciplined preparation: confirm title and status, preserve evidence before alerting the defendant, build persuasive claim charts and expert reports, and move quickly on interim relief where infringement is ongoing. The provisional measures track and evidence preservation are decisive, while validity coordination remains the key tactical variable in most disputes. Rights-holders and defendants who plan across the infringement, validity, and enforcement dimensions from day one put themselves in the strongest position. For a case assessment, contact the Global Law Experts network via the resources below, including our IP Litigation Lawyer Greece: Practical Checklist.

Sources

1. Hellenic Industrial Property Organisation (OBI)
2. Official Gazette (FEK) / National Printing House (Greece)
3. European Patent Office (EPO)
4. EUR-Lex (EU law / Official Journal)
5. Areios Pagos (Supreme Civil & Criminal Court of Greece)
6. European Union Intellectual Property Office (EUIPO)