Christian Kau

2015 – The year of the patent trolls?

According to a recent survey of the US organization Unified Patents (published on the website of the online portal arstechnica, please click here), the number of lawsuits in the US has again rised. In the first half of 2015, 68 percent of all patent lawsuits were filed by patent trolls. In the high-tech sector, even about 90 percent of all patent litigation was started by trolls. Patent trolls are a certain, aggressive type of non-practicing entities or NPEs. NPEs are companies that hold patents and focus on generating revenue by licensing and enforcing those patents instead of using them in developing their own product portfolio. Top targets of patent …

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Update on costs in the new Unified Patenting System

According to latest rumors, the new patenting system in Europe (introduction of the Unitary Patent based on EU Regulations No. 1257/2012 (UPR) and No. 1260/2012 (UPTR) will start in 2017. One key aspect for the success of the new system relates to the patenting costs compared to the current European patenting system. Until today, the amount of the renewal fees for the Unitary Patent has not been announced. The industry is very critical on high fees, as it does not want to subsidize countries with small markets where patent protection is not attractive. Moreover, Spain and Italy will not be …

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Jurisdiction of Unified Patent Court extends to non EU countries

As a new significant development in the new court system to be established, the jurisdiction of the Unified Patent Court shall extend even to non EU countries. This is due to several amendments to the “long arm jurisdiction provision” which was introduced by the Brussels I Regulation and extended by EU Regulation No. 1215/2012. These amendments are announced as Regulation No. 542/2014 of 15 May 2014. According to IP specialist Pierre Véron, the amendments will have a substantial influence in practice as “the proprietor of a European Patent infringed across several countries, including non EU countries like Turkey, will obtain …

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