Future Perspectives for EU Patent System: Granting and Litigation Systems
The future of the EU patent system envisions a high-quality, centralized Granting System under the European Patent Office (EPO) for substantive examination and granting. Coordination with National Patent Offices (NPOs) and European Patent Institute (epi) is key to stimulate inventions and provide access to patent information. Local support, especially for SMEs, is emphasized through EU patent attorneys and NPOs working closely together. The Litigation System aims for harmonization between regional/national courts and the EPO, supporting SMEs with access and legal representation. EU Patent Attorneys play a crucial role in bridging the gap between the EPO and the Court system.
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Institut der beim Europischen Patentamt zugelassenen Vertreter Institute of Professional Representatives before the European Patent Office Institut des mandataires agr s pr s l'Office europ en des brevets Perspectives for Patent Law in the European Union The epi view Tony Tangena epi President 1
Towards a European Patent System The pessimist sees difficulty in every opportunity The optimist sees opportunity in every difficulty Winston Churchill 2
Agenda: Key issues for a European Patent System The Granting System The Litigation System 3
Key issues for a EU Patent system The prime aim for an EU patent system is: Tool to exploit the fruits of innovation Protection of innovation in exchange for publication Legal certainty and predictability High Quality Local support in all parts of the EU Not too expensive Do not fear going forward slowly Fear only to stand still Chinese proverb 4
Future EU patent system: Granting system High quality Centralized Granting Organization: EPO Substantive examination and granting Coordination of activities with NPOs and epi: Stimulation of inventions / Training / Access to patent information / General information to public At local level support available, especially for SMEs: EU patent attorneys (EPAs) access plus support National Patent Offices (NPOs): general info and support EPAs and NPOs work closely together If you really want to do something you ll find a way If you don t you ll find an excuse Anonymous 5
Future EU patent system: Litigation system High quality Centralized Litigation Organization: High quality Harmonization Between regional / national courts Between EPO and Courts National /regional level courts: Access and support for SMEs by Attorneys at Law and EU patent attorneys in the countries Role EU Patent Attorneys important: Experience and training to deal with patents Link EPO with Court system let us like what we can get Spanish proverb If we cannot get what we like, 6
Well-done is better than well-said. Benjamin Franklin 7
Institut der beim Europischen Patentamt zugelassenen Vertreter Institute of Professional Representatives before the European Patent Office Institut des mandataires agr s pr s l'Office europ en des brevets Thank you for your attention! 8
