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Robbert-Jan de Lang PhD

Robbert-Jan de Lang PhD. European Patent Attorney ( Partner ) EP&C E: RLA@EPC.NL. Unitary Patent for SME in LS?. Launch Event LSHR.NL May 22, 2013 Amsterdam, The Netherlands. Recap of UP. Unitary patent system One patent (25 member states) grant via EPO One court system

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Robbert-Jan de Lang PhD

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  1. Robbert-Jan de Lang PhD European Patent Attorney (Partner) EP&C E: RLA@EPC.NL

  2. Unitary Patent for SME in LS? Launch Event LSHR.NL May 22, 2013 Amsterdam, The Netherlands

  3. Recap of UP • Unitary patent system • One patent (25 member states) • grant via EPO • One court system • Local/Regional/Central divisions • European patent system • Grant via EPO (38 member states) • Court system : national or UPC Choices to be made: UP or EP? Or directly National?

  4. Selection Criteria • Purpose • Scope • Time line • Cost • Geography

  5. Purpose Purpose oriented: • Early Birds “This is my turf” • Core technology “This is where I make my €€” • Peripheral technology “I could do this also” • Defensive “Just in case” • Competitor oriented “Stay there” or “We need to talk”

  6. Scope Scope oriented • Products • Small molecules • Antibodies • Formulations • Assays (Kits) • Devices • … • Methods • Technologies • Pathways • …

  7. Time line Compound Compound Small molecules Methods Formulations 2nd medical use Enantiomers/salts/solid forms SPC Period Patent Period

  8. Cost

  9. Geography EP-member states UP-member states UPC-member states

  10. Multidimensional decision model Mmm, well… this one could go UP. Or EP. Or … Purpose Scope Time line Costs Geography

  11. Three basic solutions • Simple • UP and UPC • Flexible • EP with opt-out • Advanced • Combinations of EP with opt-out and NP

  12. The optimal solution?

  13. Thank You

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