European patent with Unitary Effect Unified Patent Court

European patent with Unitary Effect Unified Patent Court Jens Viktor Nørgaard, MSc Ph. D EPA, Partner at Høiberg A/S 8 May, 2013; ESS & MAX IV

Questions are Most Welcome 2

Høiberg A/S § Høiberg was founded in 1995 by Susanne Høiberg, MD § Today, Høiberg employs 40 people § Høiberg has patent attorneys covering all technical fields, including Physics and life -science § We understand the complex issues: 13 of our 17 patent attorneys hold a Ph. D. § We work with start up companies, large international corporations and with Swedish and Danish Universities and Hospitals. § Høiberg has years of experience with international collaborations. 3

People from Høiberg Jens Viktor Nørgaard § jvn@hoiberg. com Partner, European Patent Attorney Ph. D (Biochemistry and Forest Genetics), MSc (Forestry Science), Royal Veterinary and Agricultural University of Copenhagen § Nanna Meyland Nicolaisen § nmn@hoiberg. com Patent Attorney Ph. D (Physical Chemistry), MSc (Physics); University of Copenhagen § Peter Holm § phm@hoiberg. com Patent Attorney, CDPA Ph. D (Biochemistry), Karolinska Institute, Lund University, University of Aarhus MSc (Chemistry), Linköping University 4

European Union and European Patent 5

European Union and European Patent § European Patent Convention (EPC) covers: § 38 states § 2 extension states § Total population of about 600 million § European Union includes: § 27 states § Any of the 27 states may be included as a designated state in a European Patent § Total population of about 500 million 6

Some History § September 1949, French Senator Henri Longchambon proposed to the Council of Europe the creation of a European Patent Office § Strasbourg Patent Convention in 1963 - a multilateral treaty signed by Member States of the Council of Europe - entered into force on August 1, 1980 and led to a significant harmonization of patent laws across European countries § Convention for the European Patent for the common market, signed at Luxembourg on December 15, 1975 § 1994 -1995 Successful implementation of Community Trademark! § 2002 -2003 Successful implementation of Community Design! 7

Obituary § The Community Patent, aged nearly 34, passed away peacefully on 30 November, 2009 § Born in Luxembourg 15 December, 1975 from 9 parents who had convened for the occasion, it was severely handicapped at birth, in particular with language problems. § In 1985 and 1989, its parents submitted it to major surgical operations, which could not however remove its handicaps. Only 7 ever recognised it. § In 2000, it was adopted by a single parent, the Commission, who tried to regulate it. In vain. • R. I. P. 8

§ European Patent with Unitary Effect

Legal Background • Council Regulation on Unitary Patent 1257/2012 • Council Regulation on Translation 1260/2012 • Agreement on a Unified Patent Court 16351/12, signed 19. February 2013. (to be ratified) • Enters into force on 1. January 2014, or when 13 countries have ratified, including UK, France and Germany • ”Enhanced cooperation”, as Italy and Spain have announced that they will not take part • All EU-countries can participate but only EU-countries • Poland? 10

European Patent with Unitary Effect § - same set of claims § - uniform protection and having equal effect in all the participating Member States. § - limited, transferred or revoked or lapse, in respect of all participating Member States § - may be licensed in respect of the whole or part of the territories of the participating Member States 11

European Patent Today § European patent application designating 38 states § Grant of the European patent § Validation (translate + file) in each contracting state § GB DE FR SE DK FI NL PL GR ES IT CH NO TR IS etc. § Payment of annual renewal fees in each country 12

European Patent with Unitary Effect § European patent application designating 38 states § Grant of the European patent § Request for unitary effect in the participating member States, validation in rest § EP patent with Unitary effect in 25 Member States ES IT not participating CH NO TR outside EU § One renewal fee Renewal fees for each country IS etc. 13

Renewal fees § Estimated costs for renewing a European patent in 25 EU states: § Starting from about 10, 000 EUR per year increasing to about 17, 500 EUR per year § Estimated costs for renewing a Unitary Patent in 25 EU states: § Starting from about 1, 500 EUR per year increasing to about 2, 500 EUR per year 14

Enforcement in Europe Today § Patents are national rights § Legal action must be taken in each country § Different court systems § Infringement and validity heard by different courts in e. g. Germany § Infringement and validity heard by same court in most countries § Reality: 75% of all patent infrigement cases are heard in Germany (cost and efficiency) 15

Enforcement with Unified Patent Court § One infringement or invalidity action with effect for all EU states (except IT, ES) § First instance: § Local courts (one country), § Regional courts (several countries), or § § Central court with 3 chambers Munich (mechanics) Paris (electronics) London (chemistry, pharma, biotech) § Appellate court in Luxembourg § Possible regional SE/DK chamber in Malmö 16

Conclusions § Validation of EP patents: § Simpler § Cheaper § Maintenance fees: § <4 -5 countries: more expensive § >4 -5 countries: less expensive § Enforcement: § Simpler – one case for the whole of EU (except Italy and Spain) § Cheaper? § Language – not necessarily German § Better? – time will show 17

§Thanks for your time and attention!