Is my command of English becoming dated?
I understand 'Opting out' to be Choosing not to do something, as out of fear of failing.
So now companies can decide to not patent things in multiples?
I don't think they need an app for that!
Companies will be able to opt out an "unlimited" number of their EU patents from the jurisdiction of the new Unified Patent Court (UPC) at one time, it has been learned. Mark Craddock, a member of the IT team behind the new UPC case management system, told Out-Law.com that the UPC case management system will feature "a basket …
'Companies will be able to opt out an "unlimited" number of their EU patents from the jurisdiction of the new Unified Patent Court.
Note the words "from the jurisdiction". That doesn't mean the patent doesn't exist (but see below) or that they don't patent things. It means that jurisdiction will fall back to some other court.
From the article:
"IT developers are working on releasing a dedicated API ... that can link in to third party software and enable multiple patent opt outs to be filed."
Wouldn't it be a good idea if there was an undiscovered bug in this that managed to completely lose anything that looked like a software patent?
I'm not sure why this is news. It's just an implementation of a process.
It would have been a bit of a scandal if they had chosen to put a fee on the opt out. Everyone who has applied for a European Patent at the moment has applied for one at the EPO, and so it should, for those cases, default to Opt-in to the new UPC system.
...if the article covered the ramifications at least at a basic level of why there should be an opt out in the first place. On the face of it, a unified European patent system sounds like a sensible idea with one court, one jurisdiction and the results applying EU wide. Why would anyone want to apply separately across various countries and have to defend or challenge in various countries?
Disclaimer: Patently I am not a patent lawyer.
You answered yourself ;-)
If you were a patent lawyer would you recommend to apply for a patent in 1 location or you would prefer to charge your customer to apply in many countries?
Then if you were a large patents holder you would want to drag the little ones in every court around Europe so that they run out of cash before they can prove they actually have patent rights.
One European court could make things better if all patent requests will be treated equally with no fast track for some large Corporations.
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