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.

In 2014, as in 2013, 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.

In December 2012, the EU Commission launched a public consultation on the protection against misappropriation of trade secrets and confidential business information in the EU, which initially took the form of an online questionnaire. The Commission had previously (in March 2011) appointed a law firm to study the legal framework and practices in the 27 Mem­ber States regarding trade secret protection. This was published in January 2012. The Com­mission had also organised a conference on the subject in June 2012.

In 2013, 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. The agreement resulted in the Unitary patent and Language Regulations being adopted in December 2012, and signature of the UPC agreement on 19 February 2013. It will be recalled that all EU countries but Spain and Poland signed the agreement at this time (although Bulgaria signed a little late), and notably Italy was also among the signatories, despite its not participating in the Enhanced Cooperation arrangement which gave rise to the Unitary patent regulations. Indeed, in July 2013, Italy indicated informally an intention to join the Unitary patent regime as well as the UPC.

Users welcomed a slowing of the pace of amendment of the European Patent Convention (EPC) itself, as the EPO digests the ramifications of previous changes. This did not mean that the EPO rested on its laurels in 2012 and in other areas it was active in ways that users welcome, such as the innovations in the area of machine translations.

In 2012, the Unitary Patent and Unified Patent Court (UPC) dossier has been among the Federation’s highest priorities, with major developments notwithstanding the breakdown of negotiations at the Competitiveness Council meeting in Warsaw in December 2011 over the location of the Central Division of the UPC.