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THE FUTURE OF THE PATENT SYSTEM IN EUROPE: NOSTALGIA IS NOT A GOOD ADVISER EPIP Conference, Lund

THE FUTURE OF THE PATENT SYSTEM IN EUROPE: NOSTALGIA IS NOT A GOOD ADVISER EPIP Conference, Lund. Alison Brimelow President of the EPO. September, 2007, Lund. Italian Presidency / European Commission Conference 2003 "IP Quo Vadis?". "Business as usual" "If only they understood"

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THE FUTURE OF THE PATENT SYSTEM IN EUROPE: NOSTALGIA IS NOT A GOOD ADVISER EPIP Conference, Lund

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  1. THE FUTURE OF THE PATENT SYSTEM IN EUROPE:NOSTALGIA IS NOT A GOOD ADVISEREPIP Conference, Lund Alison Brimelow President of the EPO September, 2007, Lund

  2. ItalianPresidency / European Commission Conference 2003 "IP Quo Vadis?" • "Business as usual" • "If only they understood" • "We may have a problem here"

  3. Globally, patent systems face a boom in filings… • Globalization of markets, • Harmonization of patent systems (PCT,…) • New and dynamic countries in the arena (BRICS) • New technologies (Bio, nano…) • New actors (SMEs, universities) • New management of R&D: open innovation • New strategies (portfolio, thickets, flooding, standards…) • Active promotion of patenting by governments e.g. Japan • Growth much stronger than growth in R&D

  4. Increase in backlogs = increase in uncertainty + scope for new games

  5. Audi’s recent A6 ad campaign claimed: « To date NASA has filed 6,509 patents. In developing the A6, Audi filed 9,621 ». Patenting is identified as a proof of innovation...

  6. The Scope-Year index...The average value of EP patents has decreased by 9 SY Source: van Pottelsberghe and van Zeebroeck (2008)

  7. And EPO performance has some weak points • Productivity • Unit costs • 2005 and 2006 results - € 70 m

  8. On the other hand...

  9. EPO strategic debate • European office strong centre = focus on core business • Developing role of National Offices in a changing world • Engaging with how to utilise

  10. Strategic Renewal • Raising the bar • The future of work and working • Managing Performance • The European Patent Network • E2E • Governance

  11. Scenarios - thinking about "what if" globally - and here are some ways forward.

  12. Challenge Operational Tools Most relevant Scenario(s) London Agreement EPLA/Community Patent EPN/Trilateral/3+3 (re-use of work) Procedural Efficiency Financial IP-support for SMEs Costs

  13. Challenge Most relevant Scenario(s) Operational Tools • Fee Policy (Shift to Upfront) • Fee Policy (Fees as a function of examination time) • Restrict possibility for divisionals • EPN • Applicant Training • Trilateral • 3+3 • Peer Review (peer-to-patent) • Publication of reasoned votum for grant Quality Workload

  14. Most relevant Scenario(s) Challenge Operational Tools • Request for examination by third parties (+ deferred examination) • Credit for Refusals • Efficient procedures • Increased threshold for inventive step/sufficiency of disclosure/clarity • Quality control (internal/external • audits Quality Workload (continued)

  15. Most relevant Scenario(s) Challenge Operational Tools • Consistent high quality • Reduced scope of rights (e.g. patent term, limits to injunctions, compulsory licensing, license of right) • Fixation of patent rights to the extent of usage by patentee • Broadening of exclusions from patentability Blockage

  16. Most relevant Scenario(s) Challenge Operational Tools • Regular dialogue with all stakeholders • Advisory boards • Involvement of national and EU parliaments • Intensive contact with international bodies (WHO, WIPO, WTO) • Contact with competition and standard governing bodies Ethical, political debate

  17. EPC @ 30 Time to abandon nostalgia and deliver some change

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