Posts Tagged: "unitary patent"

Mildly bullish on patent market heading into 2016

Ashley Keller: ”I am mildly bullish, because we’re coming from such a low point that it is likely to improve from here. We just talked about the Supreme Court and the willfulness case. I also think that Europe’s unitary patent system is going to be an eye-opener, because it has the potential to be better than our system’s status quo. Competition is a healthy force, and the new system will drive innovation over there. People are going to pay attention to that, and as a consequence, it may improve things over here.”

Italy Brings the European Unitary Patent A Step Closer to Reality, But 3 Hurdles Remain

In October, Italy, one of the last holdouts to the European Unitary Patent, joined the party, leaving Spain and Croatia as the only members of the 28-member European Union (EU) opting out. As the fourth largest market in Europe in terms of population, gross domestic product (GDP) and patent validation, Italy’s reversal is a huge step forward. According to Benoît Battistelli, president of the European Patent Office (EPO), ”Italy’s accession will … render the Unitary Patent more attractive to companies from other European countries and from across the globe.”

Europe sees value in a strong patent system, patent owners ability to enforce patent rights

It is quite surprising to see that with all of the work being done to strengthen the patent systems across Europe with the creation of the Unified Patent Court, we see The Economist recently publishing a number of authorless articles calling for dramatic curtail of patent rights – on the edge of abolishment… We are currently witnessing some patent owners enforcing their patent rights exclusively using the European courts, some of these are companies based in the United States. Now with the Unified Patent Court on the horizon, it is expected that we will see more enforcement actions in London, and Europe more broadly. This again is a clear sign that Europe sees value in a strong patent system and recognizes the importance of a patent owners ability to enforce those rights.

Common currency creates challenges for the unitary patent

With the Euro once again in crisis people look back on the decision to go with the common currency and many people here believe that that was a step too far. That engaging in the expectation that if we do this it will naturally bring us closer together was perhaps way too optimistic. And too risky. And that risking the kind of fiscal instability that we have seen recently in order to push everyone towards a closer political union some people are saying now was a very bad bet to make, without a real supra-national bank and without having first knitted the countries together better politically.

Europe Achieves Historic Agreement on Unitary Patent

The European patent with unitary effect (unitary patent) in the 25 participating states is based on two regulations, one creating the instrument, and one on the applicable language regime for the new patent. The EPO has been entrusted by 25 EU member states to deliver and administer unitary patents. The third element of the package is the creation of a unified patent litigation system set up under an international convention establishing the Unified Patent Court (UPC), a specialised court with a first and an appeal instance with exclusive jurisdiction concerning infringement and validity questions related to unitary patents. The positive vote in the Parliament became possible after the EU member states endorsed the regulations in their Competitiveness Council meeting on Monday. The unitary patent now has to be formally adopted by the EU Council and the European Parliament, which is expected soon.