Wednesday, 11 September 2013

Provisional protection for patent applications: is it time to revisit this topic?

This morning's IPKat post, "New improved Dyson sucks up German infringements from London" (here), reflects on the fickle nature of litigants' attitudes towards bringing patent infringement proceedings in on jurisdiction in preference to another. In the case in point, Sir James Dyson appears to have opted to sue in England and Wales, whose courts he has previously subjected to scathing criticism. In this case it is may be that Sir James was motivated more by necessity than by a change of opinion -- but his decision has in any event generated some thought-provoking comments.

Two of the anonymous commentators raised the issue of provisional protection of rights in as-yet ungranted patents. This is an area in which there is no apparent harmonisation, yet it is also a topic concerning which it may be difficult to justify anything other than a single, blanket rule to cover the entire territory of the European Union.

What do readers think?

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