1. Efficient and Balanced European Patent System Comments from U. S
Efficient and Balanced European Patent System Comments from U.S. and Japanese Experiences
Toshiko Takenaka, Ph.D.
Washington Research Foundation Professor of Technology Law
University of Washington School of Law (Seattle, Washington) U.S.A.

2. European Patent System
European Patent Convention 1973
Uniform Patent Granting Procedure: EPO
Harmonization of Patentability in Member States
Article 69 Extent of Patent Protection
2000 Revisions
Community Patent Convention 1970s-80s
Failure to Enter Into Effect
Harmonization of Indirect infringement and limitations in Member States
EU Regulation 2000
Another failure - Community Patent Regulation Proposal
Enhanced Cooperation Procedure

3. European Patent System
EU v. EPO
European Patent Litigation Agreement 1999
EPO initiative
EU Patent Court Proposal 2009
EU initiative
ECJ 9 March, 2011
Compatibility of EU Patent Court Proposal and European Treaties

4. U.S. Experience Federal Law: Patent Statute
Preemption Doctrine
Creation of Uniform Appeal Patent Court
Court of Appeals for the Federal Circuit (1982)
Increased Intervention of U.S. Supreme Court
Pilot Program: Concentration of Patent Cases to at least six district courts (2010)

5. Japanese Experience Patent Law Creation of Uniform Appeal Court
Pro-Patent Policy: Basic IP Law (2002)
Annual Review: National IP Strategies
Creation of Uniform Appeal Court
Intellectual Property High Court (2004)
Concentration of patent cases to Tokyo-Osaka High Court (2003)

6. Effective and Balanced System
Pros of Unitary System: Cost Saving
Saving Costs
Patent Document
Uniform Language: English
Patent Court
Venue: Convenient for non-European parties
Expertise: Patent specialist judges
Legal Certainty: A uniform Interpretation through case law
One Stop Enforcement Forum: Bifurcation System

7. Effective and Balanced System
Cons of Unitary System
Increase in Administrative Cost
Patent Document
Uniform Language: Fairness
Patent Court
Venue: Possible access problem
Bias: Specialists v. Generalists - Role of ECJ
Legal Certainty: Divided Court
One Stop Enforcement Forum: Coordination with EPO

8. Does Investment Make Sense?
No Forum Shopping - Lack of Competition
Current System
German courts attract patent litigation because of their expertise and effective procedure
New System
Enhancement of European Interests?
Who will be the main users?
Role of National Courts
Should remain taking an important role
More options: EU wide or national only

9. Challenges New Innovations: Inventions in the Information Age
Software/Business Model Inventions
DNA inventions
New Business Models
Non Practicing Patentees (Patent Trolls)
Open Innovations: Universities
Old but Renewed Debates
Does Patent System Really Promote Innovations?
IP with licenses v. No IP for inventions which need investment for commercialization

10. Good Luck and Look Forward to Our Panel Discussions