Addressing a packed audience of IP practitioners at University College London’s Institute of Brands and Innovation Law, he described how the EPO model could be exported, including to countries such as Morocco.
“The exportation of the European model will be done with a coherent, carefully defined legal framework, ensuring that users will benefit from European patent rights validated abroad, enjoying a high presumption of validity, at low cost,” said Battistelli.
He added that the EPO has negotiated an extension agreement with Morocco, which will enable applicants for European patents to validate them in the north African country.
The agreement could be signed as early as this December.
Battistelli said this is a new type of agreement, as it does not involve a country that intends to join the European Patent Organisation.
At present, the Organisation has 28 member states, and two countries in which European patents can be validated.
Validation states have until now always gone on to become full members of the Organisation.
Members of the audience broadly welcomed Battistelli’s comments, and one encouraged him to export the EPO’s model to the Middle East.
Battistelli also emphasised the EPO’s strong links with the State Intellectual Property office in China: “Chinese legal concepts are largely aligned with those prevailing in Europe and their IT tools are compatible with those of the EPO – in particular, they use the EPO’s research engine called EPOQUE.”
The EPO remains the biggest PCT international search authority, with about 42% of PCT work. Battistelli said he will work closely with WIPO during his five-year presidency: “Given the philosophy behind the PCT, its clearly defined structure and time-lines for product delivery, the EPO considers that it is imperative to further develop the PCT and promote its use.”
He said that increasing cooperation on the PCT at trilateral, IP5 and multilateral WIPO level is “one of the main objectives of my presidency”. In particular, he said, there should be a focus on enhancing work quality in the international phase.
During the speech, Battistelli also emphasised the need for a balance in the patent system between the interests of applicants and those of third parties. “The most important element is maintaining and improving patent quality,” he said, adding that quality patents provide “maximum legal security”.
He also backed the Raising the Bar strategy launched by his predecessor Alison Brimelow, saying it is necessary to be “more selective and more rigorous in the classical patentability criteria”.
But he added that he had no plans to increase the main patent fees: “Our mission is not to add unnecessary costs to granting patents.” Battistelli has commissioned an external audit of the Office’s budget, which should indicate medium- and long-term financing trends.
In response to questions from the audience, the new EPO president promised to consult widely among users on any further rule changes. Some practitioners felt recent changes, for example to rules on divisional applications, had been rushed and that users’ views had not been sufficiently considered.
Battistelli’s speech can be read on the EPO website.
