For technology companies, protection of intellectual property is always a primary concern. As a corporate lawyer, often serving in a general outside counsel role for smaller and mid-sized companies, I'm very fortunate to have my Silicon Valley friend and colleague Mike Gencarella right next door.
Mike, who has been representing Valley companies for more than 15 years, advises a wide range of tech clients on patent, trademark, and licensing issues. I asked Mike earlier this week about new IP issues on the horizon and he mentioned that the long-awaited European Unitary Patent System was much closer to becoming a reality after years of negotiation and controversy.
Why should Silicon Valley tech companies care about the European patent system? In today's global economy, every company faces hard choices about how extensively to protect their IP globally and the expense of protecting a patent or a trademark in different countries around the globe is always a concern.
The good news for corporate legal/IP budgets is that the European Union is on the verge of approving a unitary system that would mean that a single filing for a single fee in a single language would provide coverage across most of the EU. In addition to a Unitary Patent filing system there will be a Unitary Patent Court where these patents can be challenged and enforced.
Although patent filers will still have the option to file in individual countries, and there may continue to be good reasons to do so in particular instances, the Unitary Patent System will offer a streamlined less-expensive option for filing across Europe that many companies will find attractive. The system isn't ready for prime time just yet – the UK and Germany still need to ratify the agreement – but observers think that the new system could be in place later this year.
We'll let you know more as things move along. For now, more information about the Unitary Patent System is available on the website of the European Patent Office.
That's it for February – we were a little late with the newsletter this month, but luckily had a leap year Monday available to squeeze it in. Back at you in March.
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