EU Commission Issues New Patent Rules for Smart Technology to Limit Lawsuits
The European Commission has proposed rules to govern patents increasingly in demand for technologies used in smart devices
By: : Daniel
Update: 2023-04-27 20:30 GMT
EU Commission Issues New Patent Rules for Smart Technology to Limit Lawsuits The European Commission has proposed rules to govern patents increasingly in demand for technologies used in smart devices such as drones, connected cars and mobile phones, to try to reduce litigation. The proposals published cover reforms relating to Supplementary Protection Certificates (SPCs), Standard...
EU Commission Issues New Patent Rules for Smart Technology to Limit Lawsuits
The European Commission has proposed rules to govern patents increasingly in demand for technologies used in smart devices such as drones, connected cars and mobile phones, to try to reduce litigation.
The proposals published cover reforms relating to Supplementary Protection Certificates (SPCs), Standard Essential Patents (SEPs) and the EU's compulsory licensing regime.
According to the proposal, the European Union executive, patent holders in the fields of telecoms, computers, payment terminal and other smart technology, will be required to register their essential patents with the EU Intellectual Property Office (EUIPO).
The procedure to determine fair, reasonable, and non-discriminatory (FRAND) royalties will thereafter be under the supervision of EUIPO and must be concluded within nine months.
The parties would be granted the liberty to ask a Court for a provincial injunction regarding potential royalties even while the two sides negotiate.
The objective of the proposed SEP Regulation is to mediate the SEP disputes at a centralized Competence Centre within the EUIPO. The Competence Centre will be responsible for setting up and maintaining SEP and knowledge databases with the purpose of enhancing transparency. However, it will also be directly involved in the royalty determination i.e., through a FRAND determination procedure.
The EU proposal also comprises of a new supplementary protection certificate to extend a patent by five years for pharmaceutical or plant protection products. This would complement the EU unitary patent that will be launched on 1 June.
Further the proposal empowers governments to authorise the use of a patented invention without the patent holder’s consent in the case of an emergency, such as for medical technology during the COVID-19 pandemic.
In order for the proposal to become law and to be amended, it needs to be agreed with the EU countries and the European Parliament.