07 October 2011

Unitary Patent will not Lower Patent Prosecution Costs by the Promised Amounts

In a new article titled "Will the Unitary Patent Really Lower Costs for Applicants by up to 70% ?", the IP law blog ksnh::law reports on the fact that this full-bodied announcement of the President of the EPO, Benoît Battistelli, and the European Commissioner for the Internal Market and Services, Michel Barnier, is not realistic and only political PR language. 

In fact, Mr. Battistelli made clear earlier this year that there will be no change of the EPO's overall fee level only for the EU patent, so that significant cost savings can only be expected in the post-grant phase. Consequently, it is not any more desired that patent APPLICANTS profit from the promised cost savings but rather patent PROPRIETORS who decide to enforce their granted patent – i.e. a vanishing minority of all patentees.