4 October 2013Patents

CIPA 2013: UK update on Unitary Patent

The Chartered Institute of Patent Attorneys (CIPA) Congress in London has been hearing how the UK is preparing for the Unitary Patent and Unified Patent Court (UPC).

Addressing delegates, Neil Feinson, director of international policy at the UK Intellectual Property Office (IPO), spoke about the office's work in the build up to the patent's launch.

“We have to ensure that [the UK's] voice is a leading one,” said Feinson.

“If there is going to be a unitary patent and a UPC they must provide high quality and reliable decisions, be accessible and affordable. We are adamant that the interests of UK users must be heard.”

Feinson said the consultation on the rules of procedure had closed on October 1 but that they would be put to an expert committee, opening the door for further discussion.

“Between now and next summer is the window and the UK will be highly active; the opportunity to influence is still open,” Feinson said.

Admitting that they were on a “tight schedule” Feinson indicated that the UK, which alongside France and Germany must ratify the agreement before it can come into force, were aiming to do so within the lifetime of the current parliament (before 2015).

“We still hope to to have the court operational in 2015; there was a time when I was extremely sceptical as to whether that that would happen but I am a bit more optimistic now. We are making reasonable progress.”

Feinson was then quizzed on the mysteries surrounding the patent including costs and the possibility of an in-out referendum on EU membership in the UK and its potential impact on the system.

“I would cautiously say it would be possible to remain in the system even if we were no longer an EU member,” Feinson said.

“However, we cant allow the unitary patent to start prior to any referendum. I would anticipate problems and it would mean delaying ratification to post 2015.

“As far as renewal fees are concerned, it's hard to say. It is both a technical and political discussion for the European Patent Office. I am not optimistic a decision will be made this side of December 2014.”

David Rosenberg, industry affairs manager in the corporate IP department at healthcare company GlaxoSmithKline then addressed the meeting, saying there was still some uncertainty as to who would benefit from the patent.

Rosenberg also spoke about the opt-out procedure for the patent, describing it as a “win-win” situation.

“You can avoid EU-wide revocation but can opt back in if and when it suits you,” Rosenberg said.

Rosenberg added that it was “vital” for IT systems to work, given that the court intends to use electronic filing.

Article 44 of the UPC agreement states that the court “shall make best use of electronic procedures, such as the electronic filing of submissions of the parties and stating of evidence in electronic form, as well as video conferencing, in accordance with the rules of procedure.”

“It's an absolute condition that an effective system is put in place to ensure this works,” said Rosenberg.

“We cannot have NHS type glitches. If there is the merest of problems and it doesn’t work practically from day one, confidence will disappear.”

The CIPA conference ended on October 4.

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