tag:blogger.com,1999:blog-5574479.post1574531764797462860..comments2024-03-29T06:53:23.405+00:00Comments on The IPKat: Patent trolls still on the menu as industry-backed UPC website launchesVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5574479.post-61905312201177929762015-03-10T10:24:04.734+00:002015-03-10T10:24:04.734+00:00There appear to be some misconceptions about the e...There appear to be some misconceptions about the examination process at the EPO and elsewhere. The EPO examination is rigorous, probably more so than anywhere else including Germany. However it is limited by budget, the expertise available to the EPO examiners involved, and the evidence available to them. Opposition, or the somewhat similar process of revocation in court, will usually be driven by much larger budgets, resource experts in the technical field, and evidence which may not have been available to the EPO. The judge(s)in a court are likely to be less technically expert than the EPO examiners. This allows a court to explore flaws in a patent grant not evident to the EPO.<br />It is of considerably greater concern that the UPC has discretion to impose an injunction where infringement has been found. The injunction is generally a far greater deterrent to infringers than the threat of damages. If exercised leniently this will devalue patents for every stakeholder and may make the UPC an unattractive tribunal.Universal adjusterhttps://www.blogger.com/profile/04556457717598895014noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-56541715839216273702015-03-04T19:52:53.162+00:002015-03-04T19:52:53.162+00:00Perhaps Germans are used to domestic patents that ...Perhaps Germans are used to domestic patents that have been subjected to rigorous examination, and therefore have a high presumption of validity. The same used to be prima facie true of EP patents in the pre-Batistelli era, but things may become different under the new target-driven arrangements if previous threads on this blog are anything to go by. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-7148396498785874362015-03-04T14:51:02.494+00:002015-03-04T14:51:02.494+00:00How do German SMEs cope with the "injunction ...How do German SMEs cope with the "injunction gap?"<br /><br />If it is a problem for German SMEs, why has it not been sorted?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-43951158920807192972015-03-04T14:33:31.756+00:002015-03-04T14:33:31.756+00:00The alignment against software and business method...The alignment against software and business method patents is not an accident - and it has nothing at all to do with those categories of innovation per se.<br /><br />The meme of "Troll" - which applies across the board and is NOT limited to software and business methods (no matter the rhetoric indicating otherwise) - is an easy meme to use. It is propaganda pure and simple, and as such will never be "off the menu."<br /><br />Never.<br /><br />One only has to look to the summer of 2014 in the US political scene. The White House publishes a heavy political piece re "Trolls" and not two months later, an independent agency of the same government, using data from a "Troll"-friendly source comes out and quashes the notion that "Trolls" are to blame.<br /><br />But would such an objective piece put an end to the hysteria?<br /><br />Of course not.<br /><br />The battle continues. Whatever means necessary.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-38339905113810151762015-03-04T12:56:57.038+00:002015-03-04T12:56:57.038+00:00Isn't it striking that most testimonies highli...Isn't it striking that most testimonies highlighted by AmeriKat are about SMEs delaing with sofwtare or business methods patents?<br /><br />We were told (by Rapkay and most of European Parliament) that Unitary Patent/UPC would not boost such patents.Gibushttps://www.unitary-patent.eunoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-33654961568972653932015-03-04T12:40:33.015+00:002015-03-04T12:40:33.015+00:00Validity first and foremost... Yes.
But is that n...Validity first and foremost... Yes.<br /><br />But is that not what the examination process is for?<br /><br />I have to ask then, what does examination provide?Anonymousnoreply@blogger.com