Discussions on EU patent court set to intensify

06 June 2008

James Nurton, London

British judge Lord Justice Jacob described having one central jurisdiction to hear both infringement and validity as a “red line” during discussions over a single EU patent litigation system last week

His comments, made at a launch seminar for the Institute of Brand and Innovation Law (IBIL) at University College London on Tuesday, came ahead of further discussions on the details of the proposed EU patent court later this month.

A 60-article draft Agreement on the EU Patent Judiciary was published on May 14, but many aspects still need to be worked on, including whether infringement and validity should be heard separately (so-called bifurcation).

In Germany, infringement and validity are always addressed in separate hearings. Austria adopts a similar approach.

But in most other EU countries, they are heard together. Proponents say this makes for a simpler, more efficient system, but Germany maintains that bifurcation is preferable.

Interviewed by Managing IP after the seminar, Jacob acknowledged: “There is some difference about bi furcation.”

Speaking at Tuesday’s seminar, Robin Stout of the UK IP Office, who has been representing the...

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