Home | Business News | Browse by Publication | M | Mondaq Business Briefing

"You're Too Slow, EPO": UK Court Steps In To Help Patentees.

Article Excerpt
Opposition Proceedings at the EPO are often not concluded until six or more years after a patent has granted. Throughout this period, the patentee is at the least plagued with some uncertainty about his rights and may, particularly in continental Europe, find himself prevented from enforcing them. A UK decision, Unilin Beheer BV v Berry Floor NV, significantly improves the patentee's position. Patentees can now litigate in the UK in the certain knowledge that if the patent is held valid and infringed, a subsequent EPO decision of invalidity will not affect a UK judgment. As the UK Court of Appeal put it:

...businessmen in [the UK] know they can use the rather speedy court system [in the UK] to get a conclusion one way or the other. If the patent is revoked, the way is cleared; if it is upheld and held infringed then compensation will be payable for past acts. And an injunction will run unless [and until] there is a later revocation by the EPO. Subject to the...

View this article FREE - Now for a Limited Time, try Goliath Business News
Free for 3 Days!