tag:blogger.com,1999:blog-5574479.post4628780236095115675..comments2024-03-28T16:45:51.051+00:00Comments on The IPKat: AIPPI Congress Report 1: A new era of IP collaboration and harmonizationVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5574479.post-80123907867562427582014-09-16T12:21:05.887+01:002014-09-16T12:21:05.887+01:00MaxDrei, EPO Boards of Appeal cherry-picking from ...MaxDrei, EPO Boards of Appeal cherry-picking from each other is very different from courts in different countries doing the same. In the UK for example we have a different inventive step test from the EPO. So judges cannot simply accept EPO decisions on inventive step without first considering such differences. I'm still a bit bemused as to when UK judges will consider 'reasonable expectation of success'. They seem to do so whenever it suits them, without explaining themselves. So I don't trust them with taking from other 'more distant' jurisdictions such as the US.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-20674136680456164352014-09-16T11:23:14.244+01:002014-09-16T11:23:14.244+01:00Don't agree, that cherry-picking is bad.
Wh...Don't agree, that cherry-picking is bad. <br /><br />Why? My experience of the way each of the 20+ Technical Boards of Appeal of the EPO have cherry-picked the best legal lines from each other, over the last 30 or so years. <br /><br />In consequence, there is no jurisdiction in the world with greater legal certainty on the substantive law of the validity of patents than the EPO. If you don't believe me, just read successive Editions of the EPO-DG3 White Book <br /><br />We need as much cherry-picking as possible, not less of it!MaxDreinoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37230213835073551342014-09-16T09:54:53.131+01:002014-09-16T09:54:53.131+01:00Whilst harmonisation of IP court decisions across ...Whilst harmonisation of IP court decisions across national boundaries seems laudable, we need rules for how it will be done. Otherwise judges will cherry-pick, making outcomes less predictable and increasing the likelihood of error. This suggestion pops up every now and then, but until the courts or legislators lay down the rules under which a foreign decision can be taken into account I think individual judges need to be very wary about it.Anonymousnoreply@blogger.com