Home » Posts tagged 'law'
Tag Archives: law
Four years on from the launch of the lean, mean, Green Channel patent machine, will this process for accelerating UK patent prosecution still have any worth should the new Superfast patent processing service be launched?
Proponents of the unitary patent package have talked long and hard about the benefits they hope it will bring for patentees. The advantages that have been discussed so far have been primarily financial, the grand plan being that reduced translation requirements, a single renewal fee and central litigation will all lead to lower costs in obtaining, maintaining and enforcing your patent.
The ins and outs these financial advantageous, and the wry eyebrows being raised by IP professionals across Europe by way of response, could make for a very long blog post indeed, and we won’t be tackling this one today.
Instead, we have been considering whether the unitary patent might offer an advantage in terms of the actual scope of protection that it provides, specifically with regard to contributory infringement.
The newly be-logoed UK Intellectual Property Office has recently released a Discussion Paper on the possibility of introducing an Appointed Person for Patents at the IPO (I promised ipcopymark I wouldn’t mention that on an initial glance he read this as an Anointed Person for Patents…so you didn’t hear it from me…), and has invited comments from one and all.
Presently, the route of appeal from any decision of the IPO on patents is generally to the Patents Court (part of the High Court, or to the Court of Session in Scotland). If an Appointed Person for Patents is indeed Anointed, this would provide a new low-cost route of Appeal for patent decisions issued by the IPO. The decision of the Appointed Person would be final, and no further appeal to the High Court would be possible. (more…)