Main drawbacks of the Commission's proposal
Submitted by gibus on Sat, 04/23/2011 - 12:30pm
- There are serious doubts that the legal basis of the current proposal are legally wrong.
- There is no EU patent, just the usual EPO European patent bundle with a "unitary effect" flag, that makes them enforceable throughout the territories of participating Member States, without paying validation/renewal taxes in each and every designed national patent office.
- The "unitary effect" of these patents is just a fiction as long as the jurisdiction in charge of the enforcement of such patents has not been specified.
- The proposal is too EPO centric, while its governance has long been severely criticised.
- EU, and specially EP, should not abandon its legislative power with regard to substantive patent law or left it shifted further to the side of judiciary-driven legal development.
- EPO drifts granting software patents should be abolished.