Patent reform in the UK

The US is not the only country in the midst of a major reform movement.  India, of course, is undergoing radical change with the recent amendments to bring its patent laws into full TRIPs compliance.

Patent reform is also underway in the UK.  One very interesting change is a new procedure that allows the Patent Office to issue non-binding opinions on the issues of patent validity and infringement.  According to this information site, the Patent Office:

aims to provide a low-cost service which helps to resolve patent disputes, and thus encourages further innovation, by providing a quick, balanced and affordable way for parties to get an impartial assessment of key issues in a patent dispute. An opinion may focus parties’ minds on those key issues and help them test the strength of their case, thus better enabling them to negotiate a settlement.

Anyone can request an opinion on any UK or European patent and there is no requirement for disclosure of the real party in interest, although the requester must disclose any relevant UK or EPO proceedings of which he is aware.  Opinions will be issued to the requester, the patent owner, and the exclusive licensee, if one exists.  The patent holder can request a review of an issued opinion.

The fee for requesting an opinion?  A proposal has been made that the fee for filing a request be set at 200 British Pounds (about $365 at today’s exchange rate).

This new opinion process is part of the Patents Act 2004, which has been passed.  The administrative procedures for the new system are currently being incorporated into the regulatory rules of the Patent Office.