European Patent System: the Change
——An Interview with French Institute of Patent & Trademark Attorneys
Wang Ziyi, China IP
Europe is one of the world's most active regions in intellectual property. 2017 Annual Report of the European Patent Office showed that China submitted 8,830 patent applications in 2017, becoming one of the European Patent Office top five applicants for the first time. And number of applications in 2008 only reached 1,510, which increased more than 5 times in nine years. China is a leading country of origin for patent applications at the EPO, and it should be known to us about the new Unitary Patent & Unified Patent Court in Europe.
On February 19, 2013, 25 member states of the European Union signed the Unified Patent Court Agreement. So far, 16 countries, including the United Kingdom, have completed the approval procedures. All that is needed now is German approval, the operation of the unified patent court and the granting of unified patents across Europe.
China IP journalist had the opportunity to interview Ms.Guylène Kiesel Le Cosquer, President of the French Patent & Trademark Attorneys Institute(CNCPI), and Mr. Vincent Remy, Co-founder of LLR, who jointly introduced the new European patent system to China IP journalist.
Recalling his entry into the IP field, Mr.Remy said that European patent system has changed dramatically. With the deepening of internal cooperation in Europe, especially the expansion of the scope and importance o f the European Union, the coordination and consistency of IP affair s in Europe have become extremely important. This led to the establishment of the European Patent Office in 1978. According to the European Patent Convention, an authorized European patent can become a patent in as many as 42 countries, which greatly simplifies the European patent protection system and provides great convenience for Chinese enterprises to apply for European patent protection.
European patents are now a series of national patents that have been granted after a review process by the European Patent Office. After the European patent is granted, the patentee chooses the country in which he wishes to enter into force for the patent to go into effect and pays the annual patent fee separately. For infringement, on the basis of an authorized European patent, the right holder may file a lawsuit in the country where the patent is in effect. That is to say, the right holder can only exercise his rights independently in the relevant countries, and the invalidation of the patent is also determined by each jurisdiction. Therefore, if the patentee wishes to file infringement proceedings in multiple jurisdictions, it is necessary to file separate lawsuits for each country's patents.
Speaking of changes, Ms.Le Cosquer told China IP journalist about the changes that will take place in the Europe an patent system in the future. The new European patent system, to be implemented in 2019 or 2020, includes the Unitary Patent system, which is an alternative to the current European patent and is also an authorized patent after the review process of the European Patent Office. After a European patent is granted, the patent proprietor will be able to request unitary effect, thereby getting a Unitary Patent which provides uniform patent protection in up to 26 EU Member States. Also, one known advantage of Unitary Patent is that the right holder files a claim that is valid in almost all EU member states. A European patent or a Unitary Patent will be granted approximately 3-5 years after filing. If the third party has objection, it can raise it within 9 months after authorization. And litigation procedures can be accelerated in a variety of ways, such as the PACE process of the European Patent Office (accelerated processing), PPH (Patent Prosecution Highway) or Early Entry into the European phase.
The Unified Patent Court will have exclusive jurisdiction over the Unitary Patent granted by the EPO and European patent (including the granted patent), and the court's decision shall be valid in all participating member states. The power of the Unified Patent Court also includes the ability to revoke a Unitary Patent and a European patent in all participating member states. Meanwhile, Ms. Le Cosquer said Paris has been chosen as the site of the central branch of the future Unified Patent Court, given the expertise of French agents. The first President of the Unified Patent Court will be a French. The central division of the Unified Patent Court in Paris is qualified to hear important cases involving European patents and Unitary Patent especially when patent infringement involves three or more regional divisions. If the plaintiff or defendant is not a member of the European Union, the central branch in Paris is also qualified to hear the case. “Therefore, the French agent can better represent the patentee in the Unified Patent Court proceedings.” She said. In addition, French IP environment will also usher in some major changes. A bill that the French government plans to implement to encourage business has proposed changes that would make the patent process more efficient and certain. Future invalidation lawsuits, for example, will no longer be heard by the courts but by the National Institute of Industrial Property of France(INPI). It will also set up trademark revocation and invalidation departments to avoid lengthy and expensive court proceedings.
Europe is now one of the most important overseas markets for Chinese enterprises, and many Chinese enterprises choose Europe for patent application, trademark or design registration.
In 2017, the number of patent applications raised by Chinese enterprises in the European Patent Office reached 8,830, which reflected the great innovation vitality of China.
Under the new European patent system, Chinese companies, as investors and patentees directly, will establish closer cooperation with European firms and achieve long-term development. China IP will continue to pay attention to the European patent system and provide readers with timely and effective information.
