Report for the Chartered Institute of Patent Attorneys (CIPA) and the IP Federation The European Patent Convention and its Economic Impact on UK Innovation by Tony Clayton, former Chief Economist UK IPO As sent to Ms Amanda Solloway, IP Minister, and Mr Crawford Falconer, Chief Trade Negotiation Adviser and Second Permanent Secretary at the Department for International Trade, on 29 June 2020.

As in all recent years, the unitary patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities in the last 12 months, following the long-awaited agreement between the European Parliament and Council in late 2012 which resulted in the unitary patent and language Regulations being adopted in December 2012, and signature of the UPC Agreement on 19 February 2013.

The Federation continually engages with the European Patent Office (EPO) to provide input to consultations, on matters relating to implementing and on ancillary regulations to the European Patent Convention (EPC) and to procedures of the EPO. The Federation maintains ongoing working relationships with EPO representatives including meetings with the President and Directors throughout the year.

The Federation continually engages with the European Patent Office (EPO) to provide input to consultations on matters relating to implementing and ancillary regulations to the European Patent Convention (EPC) and to procedures of the EPO. The Federation maintains ongoing working relationships with EPO representatives, including meetings with the President and Directors throughout the year.

As in all recent years, the unitary patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities in the last 12 months, following the long-awaited agreement between the European Parliament and Council in late 2012 which resulted in the unitary patent and language Regulations being adopted in December 2012, and signature of the UPC Agreement on 19 February 2013.

As in all recent years, the unitary patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities in the last 18 months, following the long-awaited agreement between the European Parliament and Council in late 2012 which resulted in the unitary patent and language Regulations being adopted in December 2012, and signature of the UPC Agreement on 19 February 2013.

The dossier continued to move forward smoothly during the first half of 2016, with first Finland, then Bulgaria, joining the list of countries which had ratified, bringing the total to 10 (one mandatory ratifying country, France, plus nine of the required 10 others). Addition­ally, steady progress was made in a number of other countries, notably including in both the two remaining mandatory ratification countries, the UK and Germany. Other important milestones included adoption of the rules on court fees (including the zero fee for the opt-out) and the handover of the IT system by the UK to the team in Luxembourg. Then came 23 June and the UK’s decision to leave the EU. This was of significance to the UPC project, of course, due to the widely held view that participation in the UPC was strictly limited to EU states. 

The IP Federation continually engages with the European Patent Office (EPO) to provide input on consultations relating to implementing regulations, ancillary regulations to the European Patent Convention (EPC) and procedures of the EPO. The Federation main­tains ongoing working relationships with EPO representatives including holding meetings with the President and Directors throughout the year.

The Federation has engaged with the European Patent Office (EPO) throughout 2015 to pro­vide input on matters relating to implementing and ancillary regulations to the European Patent Convention (EPC) and to procedures of the EPO. The Federation maintains ongoing working relationships with EPO representatives including meetings with the President and Directors throughout the year.

In March 2015 the President of the EPO submitted a Proposal for a structural reform of the EPO Boards of Appeal (BOA) (CA/16/15) prompted by decision R 19/12 of the Enlarged Board of Appeal. The President’s proposal is intended to increase the organisational and managerial autonomy of the BOA, the perception of their independence and also their efficiency. The proposal introduces a new President of the BOA who will not be a Vice President of the EPO and who will have organisational, managerial and budgetary responsibility for the BOA reporting to a new subsidiary committee of the Administrative Council (AC), the Board of Appeal Committee (BOAC). It is proposed that the BOAC will com­prise AC members, experienced judges, the President of the EPO and the President of the BOA. The BOAC will monitor efficiency and independence of the BOA while guiding on recruitment of board members. The President further proposed to relocate the BOA to pro­vide geographic separation from the EPO to improve the perception of independence.

In 2015, as in 2013 and 2014, the unitary patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities, following the long-awaited agreement between the European Parliament and Council in late 2012 which resulted in the unitary patent and language Regulations being adopted in December 2012, and signature of the UPC Agreement on 19 February 2013.

The dossier has continued to move forward during 2015, with new ratifications during the year bringing the total to eight. It now appears possible that the required number of rati­fica­tions (13 including the UK and Germany) will be achieved by mid-2016 such that the Prepar­atory Committee’s revised target date for commencement of the new system (January 2017) is potentially achievable – though spring or summer 2017 seems more likely.

The Federation has engaged with the European Patent Office (EPO) throughout 2014 to provide input on matters relating to implementing and ancillary regulations to the European Patent Convention (EPC) and to procedures of the EPO. The Federation represents the Con­federation of British Industry (CBI) (as a member of BUSINESSEUROPE) on the Standing Ad­vis­ory Committee of the EPO (SACEPO) through which the EPO undertakes user consult­ation in the development of the European patent system. In addition, the Federation main­tains ongoing working relationships with EPO representatives including meetings with the President and Directors throughout the year.