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27 September 2007
Issue: 7290 / Categories: Legal News , Intellectual property
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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
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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