Transcript

Interviewer

Could you describe the new European patent that’s about to be introduced, and how that might change the way patents are granted – particularly for software?

Maria Fernández-Ferreira

Well, the unitary patent is going to be a patent from the European Community. The procedure for getting a patent is going to be very similar to the procedure at the EPO – because the EPO will be, in fact, carrying out the work on behalf of the European patent.

There are differences. The European patent will be automatically valid in the 25 countries which have ratified it. So there will be a single – let’s say – administrative point.

They will also be easier. Once you get the grant you will not have to translate the claims – as we did at European Patent Office – to other official languages. So that will reduce the costs.

And also very important, there will be a single point for litigation once the patent has passed the opposition period. So the examination, the search the examination of the application is going to be carried out in a similar way. But once the patent is granted and the opposition period is finished, there will be a single court – a unified court – which will deal with the litigation.

The current system so, if you have a patent from the European Patent Office, once the opposition period is finished, if you want to litigate, you will have to litigate individually in each country state. With the European patent that will no longer be the case. And that’s – in my opinion – a very big difference.

As far as software is concerned there will not be essentially any differences, because the European patent is going to be examined and treated by the European Patent Office according to the European Patent Convention. So we will apply the same criteria that we already are applying.