header-logo header-logo

27 September 2007
Issue: 7290 / Categories: Legal News , Intellectual property
printer mail-detail

Dangers of two-tier patent system

News

Plans to fast-track patent applications could encourage an unfair, two-tier system, intellectual property (IP) experts claim.

Their comments follow the launch of a public consultation on proposals to introduce fast-track processing services for patent and trade mark applications. The consultation is being led by the UK Intellectual Property Office (UK-IPO) and takes forward proposals made in the Gowers Review of Intellectual Property.

Osborne Clarke’s head of IP, Theo Savvides, says any steps towards a more efficient system are welcome, but he has reservations about the proposals.
“The UK-IPO is already a very efficient (and good value) registry. Applicants can often expect to obtain a trade mark registration in just six months, should no objections or oppositions be encountered.

“I would not necessarily advise a client to spend an extra £300 in fees (and doubtless an extra set of trade mark attorney’s fees) to fast-track their application that, in reality, would only speed matters up by a few weeks.”
A fast-track system is already in place for patent applications at no extra cost to applicants, but it has not been particularly successful, he says.

“I would query whether by introducing a fee-based fast-track system we would be condoning a two-tier patent regime. After all, damages for infringement are only recoverable from the date of publication, meaning that a larger, corporate patentee with more money to spend would potentially be recovering damages quicker than an individual or start-up.”

Savvides believes this could discriminate against individuals and small- and medium-sized enterprises, which are the kind of applicants the UK-IPO should be encouraging to use its services.

“I would also like to see the UK-IPO providing an assurance that that ‘standard track’ will not, in time, turn into the ‘slow-track’ as fast-track patents could conceivably push standard applications further and further to the bottom of the pile,” he adds.

The consultation is at www.ipo.gov.uk and runs until 14 December 2007.

 

Issue: 7290 / Categories: Legal News , Intellectual property
printer mail-details

MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
back-to-top-scroll