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Friday, May 19, 2006

UK: CIPA Publishes Response to Patent Consultation of EU Commission.

The

response filed by the

Chartered Institute of Patent Agents (CIPA) to the

Patent Consultation of the EU Commission has been published on the Internet:

"[...] As regards the reference to 'other public policy interests' we agree that the overall system needs to contemplate these but feel that these considerations relate to how the invention is used rather than whether exclusive rights should be attached to it. Technology for which patents happen to be granted should be governed by separate legislation - relevant to that technology - and inclusion of such provisions in patent legislation - dealing with the circumstances in which patents should be granted - are often inappropriate and ineffective. There is a difference between the patent - which is a right to prevent others from using - and the ability oneself to exploit the invention for which the patent gives protection. [...]"

And:

"[...] Are there any other features that you consider important?

(a) An effectively and professionally managed system of granting authorities (Patent Offices) and Practitioners (Patent Attorneys).

(b) Balance between an appropriate level of inventive step and an appropriate level of scope of protection afforded by a patent.

(c) The reference to 'clear substantive rules on what can and cannot be covered by patents' seems to suggest that the importance lies in defining clearly what can and cannot be covered rather than performing the underlying analysis to establish what areas of technology benefit from the protection afforded by patents. We believe that the first step is to identify those areas from an economic standpoint and only then define them appropriately. Nor should exclusion to patentability be driven by general public policy issues beyond considering what exclusive rights should be available for; legislation designed to govern the exploitation of technology should be constructed separately from the framework of the patent system.

(d) Ensuring the potential needs of all users - from the multinational to the individual - are taken into account.

(e) The initial premise that the patent system solely supports innovation by granting monopolies to inventors is not the whole story. By encouraging inventors to publish their inventions, it also enables others to make further inventions, sometimes by designing around an existing patent. Therefore having clear boundaries and recognising the benefit of later inventions is also an important requirement of a patent system. [...]"

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BLOG@IP::JUR

Patent Attorney Axel H Horns' Blog on Intellectual Property Law.

Friday, May 19, 2006

UK: CIPA Publishes Response to Patent Consultation of EU Commission.

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