9.9.3 Transfer A defendant sued in the Patents Court is entitled to apply to have the case transferred to IPEC and vice versa.169 If the parties agree that the case should be transferred, it still requires the approval of a judge in the court in which the case is currently listed, but it is likely to be granted. If there is no agreement, an application to transfer must be made. This should be done, at the latest, at the CMC. The following factors are relevant in determining whether a claim should be transferred into or out of IPEC: the financial resources of the parties; the overall complexity of the claim; the nature of the evidence; and the value of the claim.170 CPR pt 30. In particular, PD30 paragraphs 9.1 and 9.2. These apply to the transfer of proceedings to and from IPEC. CPR 30.5, when applied to IPEC transfers, is modified by CPR 63.18.CPR 63.18, PD30 paras 9.1–9.2. For a summary of the approach, see 77M Ltd v. Ordnance Survey Ltd [2017] EWHC (IPEC) 1501.