Research reveals growing business support for UPC
The proposed Unitary Patent is winning round critics, and may bring an increased number of patent cases to Europe, but scepticism remains, new research has shown.
According to a survey by law firm Allen & Overy LLP published today, June 2, nearly 74 percent of responders—companies that hold patents in Europe—said the new system would be positive for them.
Furthermore, around half the responders said they were planning to use the new system for some of their existing or future patents.
The report was based on a survey of more than 150 interviews with those responsible for their companies’ European patents, the firm said.
The UP and Unified Patent Court will enable applicants to seek a single patent in Europe instead of making applications to multiple countries. Disputes that arise will be adjudicated in centralised courts with local divisions.
The report also said there could be a shift towards litigation on European shores and that the UPC will offer patentees the ability to obtain “broader remedies” than those on offer in the US.
It added that the cost of litigation in Europe is at least five times lower than in the US and the consumer market in Europe is almost double the size, making it a more attractive venue.
“These advantages alone mean there is likely to be a shift towards Europe’s UPC as a forum of choice to rival the US for major patent disputes,” the report said.
It was not all positive news however.
Despite the theory that it would be beneficial, less than half of respondents said they had decided whether to use the new system or continue filing traditional European Patents.
Around two thirds of respondents said they were not clear on the costs or how the new court system would work.
But Geert Glas, head of Allen & Overy’s IP practice, said companies could not afford to wait until they had an “absolute and final answer” to every question.
“There is now evidence enough for them to decide whether or not to use the system. Time is running out before the UPC becomes active.
“Companies can’t afford to hesitate over one of the bigger strategic decisions their organisations will face for many years,” Glas added.
The full report can be read here.
