“For over 20 years the legal community has been working towards a more harmonized approach to patent law”

Leaders League: As patent practitioners and board members of EPLAW (what do you foresee as the major developments in the patent world for 2023? 

Cordula Schumacher: The Unified Patent Court (UPC) is a new system that will bring together some of the best judges in Europe, and it marks an exciting new era for patent law in Europe. 

Up until now we relied on the Venice Conference and other collaborative events which have strengthened connections and fostered discussions on patent issues. But for over 20 years the legal community has been working towards a more harmonized approach to patent law, which is evident in court decisions from various European countries referencing each other’s rulings. With the  advent of the UPC, this alignment is expected to further solidify, bringing benefits such as increased efficiency, consistency and predictability to the European patent system.

We are well prepared; legal professionals have been preparing themselves to engage with this new system for years and can rely on organizations like EPLAW which are dedicated to ensuring its success.

For EPLAW, harmonization and coordination efforts were already underway before the UPC was established, with EPLAW playing a crucial role in bringing together key patent lawyers and facilitating the exchange of ideas. This has allowed legal professionals to gain insight into how cases might be decided in different countries, leading to greater alignment in litigation conducted across various nations.

Philippe Campolini: EPLAW is significant beyond the upcoming Unified Patent Court as its focus on harmonization within UPC countries and at the European level is essential. EPLAW has been relevant to practitioners for over 20 years and will continue to play a significant role in fostering dialogue and collaboration among colleagues from various countries, ensuring its continued importance in the evolving landscape. Cooperation between law firms across different countries will remain crucial.

What other emerging opportunities or challenges do you foresee in the patent landscape?

Cordula Schumacher: The European Commission plans to announce a proposed regulation on Standard Essential Patents (SEPs) on April 26th, which includes a register for SEPs and mandatory mediation and non-binding determination. The proposed regulation could impact patent litigation, especially regarding SEPs and standard setting. 

Although there are concerns about regulation and litigation, it is important to note that contentious situations are not representative of all license agreements. 

In any case, we support a strong patent system.

Philippe Campolini: I agree with Cordula’s perspective that the European Patent Lawyers Association aims to promote fair management of patent disputes in Europe. Our role as lawyers is to support the patent system, while patent quality is overseen by the European Patent Office. We trust that the patent system has safeguards to prevent abusive conduct and competition law provides further protection.