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Is Patent Litigation Such A Dreadful Thing?

The Patinnova '03 conference, jointly sponsored yesteryear the European Commission in addition to the European Patent Office, brought 680 participants to Luxembourg's Hémisphère this week. Influenza A virus subtype H5N1 broad arrive at of patent-related interests was represented: innovators in addition to excogitation managers, patent administrators in addition to policy makers, patent data in addition to search providers, patent insurance in addition to financing bodies -- in addition to of course of written report patent lawyers.

Considering that there's no betoken inwards applying for a patent unless you're prepared to enforce it against infringers, many Patinnova participants were remarkably nice almost the idea of genuinely going to courtroom in addition to suing someone. Professor William Kingston (Trinity College, Dublin), a veteran campaigner for reform of all aspects of the patent system, called for the compulsory purpose of arbitration, together alongside legal help for respondents when patent arbitrations are appealed to the courts. He attacked the patent enforcement policies of large companies every bit beingness intimidatory in addition to observed that coin spent on patent lawyers was an inefficient allotment of valuable resources. IPKat co-contributor Jeremy Phillips nonetheless argued for a to a greater extent than sympathetic view. Patent litigation addressed issues that mediation in addition to arbitration could non (such every bit interim relief); it was becoming to a greater extent than efficient alongside the introduction of specialist courts in addition to pan-European jurisdiction in addition to would hold upwards fifty-fifty improve value i time the IPR Enforcement Directive was adopted. The of import affair was non to avoid all patent litigation similar the plague, only for businesses to evaluate it (and its dispute resolution alternatives) inwards the same mode every bit it would evaluate whatever other delineate concern suggestion on the bases of cost, exercise goodness in addition to likelihood of gaining a desirable outcome.

Patent litigation is non a lot of fun, peculiarly for whatever delineate concern that is dragged into it unwillingly. But nor should its advantages hold upwards ignored. would similar to demand heed of whatever readers' experiences of patent litigation, highlighting its strengths or its weaknesses. Just post a comment below or ship an email.

Patent litigation insurance here, here and here
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