* Posts by zoobab

2 posts • joined 16 Jan 2020

The dream of a single European patent may die next month – and everyone is in denial about it

zoobab

Re: Logical impossibilities

It is called the AETR caselaw, which had been used in 2006 negotiations to kick out Switzerland out of the EPLA discussions.

It is rumoured that the AETR caselaw will kick in after Brexit.

zoobab

Software patents v3.0

This UPC court will have the last word to validate software patents EU wide, the CJEU will have nothing to say about patent law in Europe.

This is like giving the keys of the patent kingdom to the same people who have been trying to validate software patents for the last 30 years.

The probably is high that this specialized patent court will drift and become very pro-patent, like it happened with the CAFC in the US.

For the last 15 years, the Supreme Court of the US (SCOTUS) has corrected the deviant practice of those courts, notably on software patents, business method patents, automatic injunctions, and others, and we are now in a match between SCOTUS and CAFC with a score of 8-0 !

If the CJEU does not have the last word on patent law, why do we build Europe in the first place? And why do we make an exception for patent law?

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