Insight

takes what seems like an age to deal with a vital issue. They still Patent office vote tests remember that the EU Biotechnology Directive, which was introduced by the European Europe’s credibility Commission in 1988 and contained important provisions on For its customers, the matter of what could be a improvements there), and biotech patents, took more than European Patent Office (EPO) is complete overhaul of Europe’s Frenchman Alain Pompidou, son 12 years to get through the indispensable because it allows patent system. of the country’s former president Brussels legislative process. Then them to file a single patent Plans to introduce a Community Georges Pompidou, nominated by there is the Community Patent application with the potential to patent have been agreed by the French government on the itself, first mooted in the 1970s offer protection in up to 27 European Union member states: basis of a strong background in but only agreed by EU member European countries. They don’t this will mean a unitary patent the sciences and in politics. states in the spring of this year like everything about it – it costs right covering the whole of the EU, To be elected, candidates need (though not before many proposals far more than using the US or administered and examined by the to get 75% of the vote. So far designed to make it an efficient, Japanese systems and delays are EPO with a Community patent there have been two election cost-effective route to trans-EU endemic – but it is a far better court to handle disputes. Then rounds – one in March and the protection were struck out). route than the alternative: filing there are reforms to the EPC latest in June. And both times, When it takes so long to get swathes of separate applications itself, including sensitive issues Brimelow is understood to have anything done, is there any at national patent offices. such as language and litigation, attracted strong support. Far from chance that Europe’s patent- With current incumbent Ingo as well as the management of admitting defeat at this stage, the based industries – which employ Kober reaching retirement, external relationships with the French are currently planning to millions across the continent and European Patent Convention Japanese Patent Office and the keep their man in the race, which generate hundreds of billions of (EPC) members have to elect the US Patent and Trademark Office. means another round of voting in euros each year – will match the Office’s new president. The post- The choice for the post of October. Kober has delayed his sustained growth of their holder will face a series of big successor to Kober as president retirement and will not now step counterparts in the US? Until the challenges. Not only is there the of the EPO lies between Alison down until the middle of 2004. politicians stop talking and show task of cutting pendency times Brimelow, recently-retired head of European patent owners, some commitment to taking and making the Office more user- the UK’s Patent Office (and widely meanwhile, can only look on with meaningful action, the answer will friendly, there is also the small credited with seeing through major bewilderment as yet again Europe probably be no. AOL Time Warner and Microsoft bring standard closer

At the end of May, Microsoft and Prior to the deal AOL had been close to the deal, $750 million is software, Microsoft’s technology AOL Time Warner surprised pursuing Microsoft through the a small price to pay to get rid of is in a prime position to establish outsiders by announcing a US courts, alleging that the an ugly, unpleasant lawsuit, itself as the de facto standard, settlement to end the former’s Redmond-based company especially one that could which could increase its revenues private antitrust suit against employed anti-competitive possibly have seen Microsoft exponentially. AOL Time Warner Microsoft. practices in its drive to make forced to pay billions in would also benefit from the Under the terms of their Internet Explorer the most used damages. AOL Time Warner has establishment of a standard for agreement, Microsoft will give AOL web browser. Netscape said it will use the money to pay digital media, as this will make it Time Warner a $750 million Communications Corporation, a off some of its debt. easier for companies to charge payout, a seven-year royalty-free subsidiary of AOL, launched the Some observers believe that fees for accessing their digital licence to its Internet browsing suit in January 2002 after a US the most interesting part of the content. Having a standard will software, a long-term non-exclusive Court of Appeals decision in deal, however, is AOL’s non- also speed up the adoption of licence to use Windows Media 9 2001 upheld a lower court’s exclusive licence to use digital media and its online Series and future digital media ruling that Microsoft had violated Microsoft’s digital media software distribution. software. Microsoft will also antitrust laws and that its and the opportunity for the two Although some legal experts distribute AOL’s Internet access behaviour had harmed Netscape. companies to collaborate on believe that the settlement does software with its own software to Although few expected the digital rights management (DRM) not mark a change in Microsoft’s small computer makers and grant settlement, it does seem to and digital technology. They intellectual property strategy, AOL Time Warner greater access to make good business sense. believe there is potential for this talking about the deal in an details of the Windows operating Since the suit was filed, AOL to have a significant impact on interview with the Financial system, which will improve Time Warner has changed: as it the industry. Both companies Times, Bill Gates said that compatibility of AOL’s online began focusing on its content have big stakes in seeing the Microsoft now “desires to service and Windows software. The business, it became less of a DRM issue resolved and both collaborate more and act as a two companies also agreed to work competitor to Microsoft and more could possibly gain fortunes from responsible market leader rather together on technology and public like a potential customer or it. With AOL Time Warner agreeing than always competing fiercely policy matters. partner. And, according to those to use Microsoft’s digital media against potential rivals.”

Intellectual Asset Management July/August 2003 5