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IAM 25 Cover:216 Insight Brimelow faces challenges, but comes to office at a promising time The new president of the to wait three years after a stating that the “technical effect implemented inventions should European Patent Office compromise deal was agreed approach” which the judge be interpreted. It is untenable to will have her work cut out which allowed Pompidou – a endorsed in Macrossan was “not have a situation in which candidate who the French consistent with a good-faith different parts of what is as she tackles a number government had insisted should interpretation” of the convention. supposed to be a single market of high-profile issues. be given the job – to serve half Putting the rights and wrongs view the same issue in If Alison Brimelow plays the president’s six-year term. of the legal arguments to one completely different ways. her cards right, however, That Pompidou, a clever side, such a clash is very bad Brimelow has a major role to she could find allies at politician who was always news for patent owners across play in helping to sort this interested in the big picture, Europe. The fact that the board serious problem out. the very top of Europe’s became the most high-profile could have a view of the political ladder president the EPO has ever had European Patent Convention so Examiners in revolt probably made those three years diametrically opposed to the one Another major challenge she When Alison Brimelow sat down hard ones for Brimelow. But she held by a hugely experienced faces is close to home. Just at her desk on the first day of did not complain. Instead, she and distinguished English judge before the Pompidou presidency her new job on 2nd July, she remained very firmly in the demonstrates the fault lines that came to an end, an internal EPO would have seen quite a pile of background, working on issues exist in Europe over the crucial report was leaked which papers in the in-tray. Not only did such as the EPO Scenarios subject of the patentability of described how staff at the office the incoming president of the project and preparing for her computer implemented have lost almost all trust in both European Patent Office have to term. If she had views on the inventions and software. And the the office of the president and deal with issues such as how to way Pompidou was handling his way the European system is the EPO’s Administrative manage the growing rift between role, or on developments at the currently structured – with Council. According to the report, the English courts and at least EPO in general, she kept them European patents granted at the which, the preamble explains, one EPO board of appeal with very firmly in the private domain. EPO in Munich, but enforced in, regard to the patentability of and interpreted by, national computer implemented The EPO versus the UK courts courts – means there is always inventions, but she was also Now she is at the EPO, however, plenty of scope for such faced with what seemed to be Brimelow has a lot of work to disagreements; especially in a set of employees in open do. In June, for example, a story contentious areas such as rebellion. Throw in the ongoing broke on the IPjur blog software. debate over patent quality, as (www.ipjur.com) about an attack In June, the EPO held a day- well as Europe’s continued made by one of the EPO’s long conference in Brussels inability to devise a cost- boards of appeal on Lord Justice designed to bring the many effective, transnational and Jacob, the UK’s most senior sides in the fractious debate broadly predictable patent patent judge and a man whose about software patents in system, and Brimelow could decisions are widely respected Europe together to discuss have been forgiven for wanting across Europe. potential ways forward. The to put through a call to her In its decision on case T good news was that it was all predecessor Alain Pompidou 0154/04 – 3.5.01, concerning a quite civilised; the bad news to see if he wanted to take “Method of estimating product was that nothing much his old job back. distribution”, the board – chaired happened beyond vague But the former head of the by Stefan Steinbrenner – agreement that there was a UK Patent Office and career seemed to question Lord Justice need for more talking. Under Alison Brimelow diplomat is made of sterner Jacob’s understanding of the Pompidou, the EPO was a strong The new EPO President stuff than that. She has had to term “invention”. Furthermore, supporter of the failed CII be. Although she attracted most it stated that the judgment he Directive but, despite some Challenges votes in elections during 2003 delivered at the Court of Appeal rumours, the chances of that to find a new EPO president to in London in Macrossan, a high- being resurrected seem remote to face, succeed the German Ingo Kober, profile case relating to the to say the least. However, Brimelow was unable to take patentability of software, was something will need to be done but friends over when Kober stood down in “irreconcilable with the European at some stage to clarify how the 2004. Instead, she was forced Patent Convention”; this after law as it relates to computer to make 4 Intellectual Asset Management August/September 2007 www.iam-magazine.com Insight was “submitted by the staff office – even in some of the defiance of staff protests. sometimes heroic attempts he representatives via the President most senior positions – disagree Whether disgruntled staff struggled to get Europe’s really of the European Patent Office”, with much of what was said. The members are using the issue of big players to take the subject there is major conflict between conflict that does exist could quality as a weapon with which of patents seriously. All too Administrative Council members’ well have the potential to to beat the management that often they preferred to look at roles as guardians of the EPO compromise quality and has altered working conditions is subjects such as the Community and the fact that two-thirds of efficiency at the EPO, and it is a moot point, but one that Patent, the CII Directive and, them hold senior positions at important that these issues are needs to be properly explored. latterly, the European Patent national patent offices. properly – and openly – So far, Brimelow has not Litigation Agreement (EPLA), as The report reveals a discussed. One of Brimelow’s indicated that she will revisit technical issues, best left to the widespread feeling among staff roles over the coming months either the pension or the experts. Discussing farm in Munich is that it is in the will be to reassure users of the appraisal issues, so it will be subsidies and fishing quotas interests of council members EPO that quality remains the interesting to see how her was deemed much more that the EPO is not as efficient over-riding goal of everyone relationship with such key important. as it could be, because such connected to the office, and that players as SUEPO (the Staff Because the likes of inefficiencies drive applicants to nothing is being done that will Union of the European Patent Jacques Chirac, Gerhard register patents at the national see it being compromised. Office) develops over the Schroeder and Tony Blair were level. Furthermore, the fact that coming months. never persuaded that patents national offices retain 50% of all Questions of quality had a vital part to play in the European patent renewal fees Brimelow, it seems, understands Opportunity knocks future development of Europe’s means that they are more this. In her first interviews after But while Brimelow undoubtedly economy, there was never much interested in the number of assuming the presidency, she faces a number of important pressure from the very top for patents granted by the EPO and has been very keen to stress challenges, she does so against progress in any of the talks far less concerned about the the importance of patent quality the backdrop of some very surrounding the many initiatives quality of what is being granted. and has also said that she is welcome developments on the designed to make Europe’s But that’s not all. There is, worried that there may be too wider political stage. Although patent system less fragmented. says the report, a negative many patents being granted. Pompidou himself was a Instead, the endless feeling about EPO staff from If it is the case, as EPO staff consummate politician, despite negotiations involved a number council delegates: “Particularly assert, that the Administrative in the last two meetings of the Council is more worried about Council, members of certain numbers than quality, there is delegations have made certainly the potential for a comments implying, or even clash between the president and Grants and applications up at the EPO explicitly stating, that they the council some time over the consider EPO staff to be, among next three years. Brimelow may other things, unprofessional, need all her diplomatic inefficient, overpaid and experience to make sure that According to the EPO’s 2006 However, they fell significantly malingering … It has not gone any disagreements do not blow annual report, both the in the Netherlands (-472). unnoticed by these staff that up in the open. applications the office receives Among non-European certain of these comments Something else the new and the grants that it makes countries, growth was marked even appeared to have the president has been keen to are on the rise.
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