The Future European Patent System: Being Prepared

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The Future European Patent System: Being Prepared

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A global team handling highly complex and sensitive matters in all aspects of litigation.
Clients trust us to protect their most important intellectual property matters.
Providing comprehensive solutions for the acquisition, enforcement and protection of IP.

By patenting their innovations, our clients increase the value of their intellectual property and enhance their ability to compete in the marketplace. We work with laboratory and research teams and R&D and product development groups to determine whether, when and where it is in our clients’ business and technical interests to seek patent protection. And we don’t just file patent applications. Drawing on our experience with patent litigation, corporate financings and technology transactions, we implement IP strategies that conserve resources, add measurable value and give our clients a cost-effective and commercially practical competitive edge.

We help clients obtain more than 750 US and foreign patents each year, covering innovations that span the technological spectrum, including aerospace, biochemistry, biotechnology, business methods, chemistry, computer science, fuel cells, genetics, high-speed data communication, integrated circuits, materials science, medical devices, nanotechnology, pharmaceuticals, semiconductor devices and processes, and software.

We also prepare and prosecute patent applications internationally under the Patent Cooperative Treaty and by working with a network of seasoned patent lawyers around the world. Our experience extends to appeals, interferences and opposition proceedings within the US Patent and Trademark Office, the US Court of Appeals for the Federal Circuit and the European Patent Office.

Intellectual Property Litigation
Our experienced team helps clients from around the globe navigate the complex world of EU law, regulation and policy.
Focusing on international arbitration and dispute resolution, investigations, financial services enforcement, and IP litigation.

Dramatic changes to the European patent system are planned for next year or the following year. In particular, there will be a new European patent with unitary effect across, ultimately, 25 EU Member States and a new Unified Patent Court with jurisdiction across all Member States of the EU that have signed up to it.   
 
Towards the end of 2014, Advocate General Bot issued his opinion that the Court of Justice of the European Union (CJEU) should dismiss the challenge brought against the system by Spain; the 17th and almost final draft of the rules of the procedure of the new EU Unified Patent Court was published; and an open consultation hearing was held in Trier, Germany to discuss a small number of outstanding issues concerning those rules. It is clear that the new European patent system is going forward. It is a seismic change to the European patent litigation system which will impact global patent enforcement strategy. Parties should start to prepare themselves and think about important strategic decisions now.
 
We have received substantial client interest in learning more about the upcoming changes to the European patent system. We have prepared the attached document that explains the changes, gives details about the latest news and also briefly addresses the way in which parties should prepare themselves. 
 
The document is a brief summary, and we would be happy to arrange for our UK patent litigation practitioners, Anthony Trenton and Trevor Cook, to meet you and your colleagues and present further information about these important developments.

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