the future of the patent system in europe nostalgia is not a good adviser epip conference lund
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THE FUTURE OF THE PATENT SYSTEM IN EUROPE: NOSTALGIA IS NOT A GOOD ADVISER EPIP Conference, Lund. Alison Brimelow President of the EPO. September, 2007, Lund. Italian Presidency / European Commission Conference 2003 "IP Quo Vadis?". "Business as usual" "If only they understood"

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the future of the patent system in europe nostalgia is not a good adviser epip conference lund

THE FUTURE OF THE PATENT SYSTEM IN EUROPE:NOSTALGIA IS NOT A GOOD ADVISEREPIP Conference, Lund

Alison Brimelow

President of the EPO

September, 2007, Lund

italian presidency european commission conference 2003 ip quo vadis
ItalianPresidency / European Commission Conference 2003 "IP Quo Vadis?"
  • "Business as usual"
  • "If only they understood"
  • "We may have a problem here"
slide4
Globally, patent systems face a boom in filings…
    • Globalization of markets,
    • Harmonization of patent systems (PCT,…)
    • New and dynamic countries in the arena (BRICS)
    • New technologies (Bio, nano…)
    • New actors (SMEs, universities)
    • New management of R&D: open innovation
    • New strategies (portfolio, thickets, flooding, standards…)
    • Active promotion of patenting by governments e.g. Japan
  • Growth much stronger than growth in R&D
slide6

Audi’s recent A6 ad campaign claimed:

« To date NASA has filed 6,509 patents. In developing the A6, Audi filed 9,621 ». Patenting is identified as a proof of innovation...

the scope year index the average value of ep patents has decreased by 9 sy
The Scope-Year index...The average value of EP patents has decreased by 9 SY

Source: van Pottelsberghe and van Zeebroeck (2008)

and epo performance has some weak points
And EPO performance has some weak points
  • Productivity
  • Unit costs
  • 2005 and 2006 results - € 70 m
epo strategic debate
EPO strategic debate
  • European office strong centre = focus on core business
  • Developing role of National Offices in a changing world
  • Engaging with how to utilise
strategic renewal
Strategic Renewal
  • Raising the bar
  • The future of work and working
  • Managing Performance
  • The European Patent Network
  • E2E
  • Governance
slide13

Challenge

Operational Tools

Most relevant

Scenario(s)

London Agreement

EPLA/Community Patent

EPN/Trilateral/3+3 (re-use of work)

Procedural Efficiency

Financial IP-support for SMEs

Costs

slide14

Challenge

Most relevant

Scenario(s)

Operational Tools

  • Fee Policy (Shift to Upfront)
  • Fee Policy (Fees as a function of examination time)
  • Restrict possibility for divisionals
  • EPN
  • Applicant Training
  • Trilateral
  • 3+3
  • Peer Review (peer-to-patent)
  • Publication of reasoned votum for grant

Quality

Workload

slide15

Most relevant

Scenario(s)

Challenge

Operational Tools

  • Request for examination by third parties (+ deferred examination)
  • Credit for Refusals
  • Efficient procedures
  • Increased threshold for inventive step/sufficiency of disclosure/clarity
  • Quality control (internal/external
  • audits

Quality

Workload

(continued)

slide16

Most relevant

Scenario(s)

Challenge

Operational Tools

  • Consistent high quality
  • Reduced scope of rights (e.g. patent term, limits to injunctions, compulsory licensing, license of right)
  • Fixation of patent rights to the extent of usage by patentee
  • Broadening of exclusions from patentability

Blockage

slide17

Most relevant

Scenario(s)

Challenge

Operational Tools

  • Regular dialogue with all stakeholders
  • Advisory boards
  • Involvement of national and EU parliaments
  • Intensive contact with international bodies (WHO, WIPO, WTO)
  • Contact with competition and standard governing bodies

Ethical, political debate

epc @ 30
EPC @ 30

Time to abandon nostalgia and deliver some change

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