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European Patents 2015

European Patents 2015. Presentation by Dr. Robert Harrison. The Vision – European Patents 2015. From the Statute of Monopolies 1623. Section 1

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European Patents 2015

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  1. European Patents 2015 Presentation by Dr. Robert Harrison

  2. The Vision – European Patents 2015

  3. From the Statute of Monopolies 1623 • Section 1 • Forasmuch as your most excellent majesty in your royal judgment, and of your blessed disposition to the weal and quiet of your subjects, did in the year of our Lord God 1610 publish in print to the whole realm, and to all posterity, that all grants of monopolies, and of the benefit of any penal laws, or of power to dispense with the law, or to compound for the forfeiture, are contrary to your majesty's laws, which your majesty's declaration is truly consonant….

  4. From the Statute of Monopolies 1623 • Section 2 • ….And all monopolies, and all such … letters patents…., and all other matters and things tending as aforesaid, and the force and validity of them, and every of them, ought to be, and shall be for ever hereafter examined, heard, tried, and determined, by and according to the common laws of this realm, and not otherwise.

  5. To the modern European Patent Convention 2000 • DESIRING to strengthen co-operation between the States of Europe in respect of the protection of inventions, • DESIRING that such protection may be obtained in those States by a single procedure for the grant of patents and by the establishment of certain standard • rules governing patents so granted, • DESIRING, for this purpose, to conclude a Convention which establishes a European Patent Organisation …. • HAVE agreed • ….. • A system of law, common to the Contracting States for the grant of patents for invention is established by this Convention.

  6. European Patent Convention Contracting States • 34 Contracting States • 34 National Patent Offices • A Single Patent Convention (only for utility patents, separate office for plant patents + design patents) • Art (1): A system of law, common to the Contracting States for the grant of patents for invention is established by this Convention. • Art 64 (2) A European patent shall …. confer on its proprietor … in each Contracting State in respect of which it is granted, the same rights as would be conferred by a national patent granted in that State.

  7. European Union • 27 Countries (Romania + Bulgaria joined in 2007) • 27 Patent Offices (+ European Patent Office + Design Rights Office) • 29 Court Systems • 23 Different national Languages • (+ lots of regional ones) • Masses of Different Cultures Source: European Commission

  8. European Union (Community) Patent • Lots of work in 1972, 1990 and 2000-2002 • Issues that killed agreement • Language (Political Compromise: Blair + Schröder – translation only when necessary) • Infringement(Special courts – or national courtsAppeal courts) • Role of European Patent Office as transnational body

  9. London Agreement • Renounce requirement to translate patent specifications • Granted Claims need to be translated into • English • French • German • Ratified in UK, France, Germany, Sweden, Switzerland, Netherlands, Croatia, Latvia, Liechenstein, Slovenia, Monaco, Iceland, Denmark, Luxembourg (but usually only for English-language applications) • Claims still need to be translated. • Where are Italy, Spain, Greece, Belgium?

  10. EPLA – European Patent Litigation Agreement • Separate Treaty – not part of EPC or EU • Single Litigation in one Patent Court (in country of tort) • Appeal to court in Luxembourg (or Sofia?) • Potentially open to non-EU countries (like Switzerland, Norway, Iceland, Luxembourg) • Constitutional Problems • President Sarkozy to the rescue? • We still have the language question……

  11. The Language Question…… • 23 EU Official Languages • Regional languages (you can file a European Patent in Welsh, Scots Gaelic, Irish, Catalan – but not in Plattdütsch or Friesian – and who knows about Breton, Sorbic, the Romanian dialects of the Istrian peninusula) • Multi-lingualism is a major domestic political issue in Belgium and Switzerland as well as in Spanish and Italian regions)

  12. And the Court System • Italy: lots of provincial courts – but Milan is the main one • UK: London, Edinburgh and Belfast • France: handfull of courts – but TGI Paris is the main one • Germany: most patent litigation in Europe, concentrated • in Düsseldorf, Munich and Mannheim

  13. Changes in Substantive Laws • Software (computer-implemented inventions)substantially no change EPO will look for the “technical effect” • Period of GraceIntroduction is possible – if US adopts first-to-fileNote: Germany/Austria/Hungary/Czech Republic have 6-month grace for utility models • Prior Art effect of non-published pending applicationsonly relevant for novelty test – and commonly-assigned applications are relevant

  14. Bad Patents • Statute of Monopolies • ….„yet, nevertheless, upon misinformations and untrue pretences of public good many such grants have been unduly obtained and unlawfully put in execution, to the great grievance and inconvenience of your majesty's subjects, contrary to the laws of this your realm, and contrary to your majesty's royal and blessed intention,“..

  15. Bad Patents • Opposition Regime9 months after grant„Strawman“ opposition is possible as no need to demonstrate interest „Acting as a member of the public“ • Central LimitationSingle request of Proprietor to EPO • EPLA – Invalidity Suit • defence to infringement (in front of national court) • central attack at EPO

  16. EPO – 2015Rob‘s predictions • No of Patent Applications will continue to rise • Software is basically patentable – but there will be no further legislative issues • Patent Litigation Agreement will come into effect • Number of infringement cases will rise • Patent Licensing and Enforcement Companies will become more active • No EU-wide patent • English will further dominate patent matters in Europe • Patent Prosecution Highway will be expanded

  17. Thanks for your attention! • Dr. Robert Harrison • 24IP Law Group Sonnenberg Fortmann • Munich/London/Paris/Bielefeld • harrison@24ip.com • Tel +49 89 23 23 00 • Mobile +49 172 819 0403 • www.24ip.com

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