The IPKat is again Irate - more misinformation about the Unitary Patent Package

Time for rage!

This Kat has posted several times before when politicians, lawyers, and others who should know better, have put out materials about the Unitary Patent Package that are deceptive and misleading.

Today he has seen something that has ignited his ire even further - a post from the European Commission (responsible for initiating the legislation) and tweeted by the European Patent Office (responsible for granting patents and recording their unitary effect) that is simply drivel.  Here it is, with comments interpolated in red.

The Unitary Patent package – better protection for European innovators
[Even the title gets off to a bad start.  There is NOTHING in the Unitary patent that specifically helps European innovators - the advantages will be at least as great for non-European entities, and they will be shielded from some of the adverse effects]

A new agreement has smoothed the way for a truly unitary European patent – it will offer European inventors and innovators the comprehensive cover they need in the Single Market [well, no, at least Spain and Italy will be missing, and many more countries in the early years] at a fraction of the current cost [when will this rubbish idea stop being parroted? Particularly if the renewal fees are those recently suggested by the EPO, then the cost will be the same or higher for most users.  Only for those patentees who validate in nearly all countries, and then probably only if they maintain their patents for full term, is there hope that the cost may be a "fraction"].

“Growth from innovation is sustainable, emerging from organic development within businesses, rather than being created by expensive fiscal support or incentives from outside”, said Elżbieta Bieńkowska, Commissioner for Internal Market, Enterprises, Entrepreneurship and SMEs. As such, innovation and creativity are key to economic success for companies across the EU. Creating the right framework conditions for innovators is a central part of the European Commission’s work in this area and includes support for research and development initiatives and access to finance for newly founded SMEs. But it doesn’t stop there: once a product has been invented, businesses and individuals need access to a clear and affordable patenting process in order to protect it from counterfeiting and exploitation by third parties. That is where the new Unitary Patent package will come into play. [If this is to suggest that the Unitary Patent package will be any more materially "clear and affordable" to SMEs than a current European patent validated in a reasonable number of countries, then it is nonsense.  The process up to grant is identical, and the post-grant costs similar.]

Though European patents currently offer more extensive and better quality protection for inventions than almost any other patenting systems worldwide, the cost and regulatory burden of applying puts many businesses off – and some of these seek to protect their inventions via American patents instead [as though a US patent is somehow an alternative to a European patent.  If a company wants protection in Europe for their invention, a US patent is hardly going to assist - and is there any evidence for this statement?]. The need for a simpler and cheaper procedure has long been evident [here they clearly forgot to add "and the Unitary Patent does not satisfy this need".  The procedure is identical, and the costs for most patentees also similar].

A Unitary Solution

Innovators wishing to apply for a patent in Europe currently have the option of a national patent (valid in one Member State only), or a “European patent”, which nevertheless has to be applied [odd word - we normally use "validated" since you "applied" for the patent to the EPO; and in any case nothing has to be done after grant in non-translation London agreement countries until renewal fees are due] in each Member State separately – at a high cost [well, only high (relative to the Unitary Patent) if you want a large number of states, which many patentees elect not to]. Change is on the horizon, however, in the form of the so-called European unitary patent. In winter 2012/13, the EU introduced a package of regulations and agreements setting up a unitary patent and a centralised jurisdiction dealing with disputes relating to unitary patent but also classical European patents. The agreement is currently being ratified by the 25 Member States in which it will be valid. The unitary patent will exist as a third option alongside the two currently available patenting procedures in the EU, offering more choice for European businesses. Uniform protection for the covered invention will be provided across all 25 countries and the cost of administration – a single payable fee – will be € 5 000 [Where on earth has this come from?  A "single payable fee"?  And what does € 5 000 correspond to? It seems as though it may be something like the official fees for a European patent up to grant - but then "a single payable fee"?  No, a number of fees paid at different stages. And what about the renewal fees?  Are they not a "cost of administration"?]. The European Patent Office will have the authority to grant the new unitary patent as well as the current “classical” European patent. Additionally, the package establishes a Unified Patent Court, with clear [but actually rather complicated, given that it has three central divisions and a further number of local divisions] jurisdiction over infringement disputes. This means that creative European businesses [but disproportionately non-European businesses] will benefit twofold: from the lessened financial and administrative burden [No, again no!] of the patenting procedure and from the certainty regarding jurisdiction. The unitary patent will come into force as soon as 13 of the participating Member States, (including Germany, France and the UK) have ratified the agreement – expected by late 2015 or early 2016. The unitary patent will give businesses across the EU the certainty they need today to make the investments that benefit our economy tomorrow. [At this point, dear readers, your correspondent passed out]

This Kat wishes that if those wishing to foster support for the Unitary Patent Package cannot do it with the truth, they would keep quiet rather than propagating misleading untruths and half-truths.

UPDATE on Saturday 25 April - thanks to the kind Twitterer at Keltie LLP for alerting this Kat to the fact that the European Commission post commented on above has been taken down.  Is this a response to Kattiness?  At this time, we can only guess.