Innovation Report Proposal 4.25

To improve confidence in protection we will:

• Improve the speed and costs of resolving IP disputes, by improving litigation procedures (e.g. extending the jurisdiction of the Patents County Court as a lower cost alternative to the High Court by November 2004)
• Conduct a feasibility study of new institutional arrangements to help SMEs protect their IPR, which will report on its conclusions in Summer 2004

Context

The belief that enforcing Intellectual Property Rights (IPR) can be a costly and time-consuming business can influence decisions on whether to adopt IPR. Measures to reduce the difficulties will help businesses gain the benefit of their innovations without the fear of being unable to protect them.

Progress To Date

• A statutory instrument (SI), which will extend the jurisdiction of the Patents County Court as a lower cost alternative to the High Court, was laid before Parliament on 9 September 2004.
• A feasibility study on possible institutional arrangements to help SMEs protect their IPR was published in July 2004. Assessments of how the feasibility proposals can be put into practice in the UK are now underway and meetings with industry and research into possible products continue - Patent Enforcement Project.
• The Patents Act 2004 received Royal Assent on 22 July 2004. It will allow anyone to ask the Patent Office for an opinion on a question of patent validity or infringement. Although non-binding, the opinion will offer parties involved in a dispute over patent enforcement a quick, balanced and affordable assessment of the main issues, thus helping with negotiations and decisions over whether to litigate, settle, etc. The Act makes other changes to help with enforcement and dispute resolution and also modernises the patents system.

Further Information

Statutory Instrument

Jeff Watson
Patent Office
Concept House
Cardiff Road
Newport
Gwent
NP10 8QQ

Telephone: 01633 813650
E-Mail : jeff.watson@patent.gov.uk

Feasibility Project

Lawrence Cullen
Patent Office
Concept House
Cardiff Road
Newport
Gwent
NP10 8QQ

Telephone: 01633 814991
E-Mail: lawrence.cullen@patent.gov.uk

Patents Act 2004

James Porter
Patent Office
Concept House
Cardiff Road
Newport
Gwent
NP10 8QQ

Telephone: 01633 814521
E-Mail: james.porter@patent.gov.uk