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"


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

  • 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



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

Audi’s recent A6 ad campaign claimed: new games

« 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... new gamesThe 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 new games

  • Productivity

  • Unit costs

  • 2005 and 2006 results - € 70 m



Epo strategic debate
EPO strategic debate new games

  • 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 new games

  • Raising the bar

  • The future of work and working

  • Managing Performance

  • The European Patent Network

  • E2E

  • Governance


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

Scenarios - thinking about new games"what if" globally -

and here are some ways forward.


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

Challenge new games

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


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

Challenge new games

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


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

Most relevant new games

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)


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

Most relevant new games

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


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

Most relevant new games

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 new games

Time to abandon nostalgia and deliver some change