The Unified Patent System: what does industry think?

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This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.

A group of global innovators and users of the European patent system have been working together for several months considering and suggesting solutions for the creation of an effective and balanced unitary patent system.

The Industry Coalition on the UPC comprises 14 companies who are in many cases competitors, (including Apple, Google, Microsoft and Samsung), plus two associations representing another 25 innovative companies in the technology sector. We have worked with the Coalition and supported its work in a number of ways. The Coalition has set out its comments and recommendations in a number of documents addressed to European policymakers:

  • 26 September 2013: seeking clarity and guidance on how bifurcated proceedings will be handled and the grant of injunctions: http://www.microsoft.com/global/eu/RenderingAssets/pdf/3201.2013%2009%2026%20-%20UPC%20-%20Industry%20Open%20Letter.pdf
  • 25 February 2014: reiterating previous concerns and potential abuses of the system by Patent Assertion Entities or "patent trolls": http://www.scribd.com/doc/209104430/25-February-2014-UPC-Industry-Coalition-Open-Letter

The Coalition has launched a website featuring first-person testimony from European SMEs on their thoughts on the UPC draft rules, infographics to better explain the process, and position papers produced by the Coalition. The website is available at:http://www.industrycoalition.eu/