The core of the proposal is the creation of an European Judge Academy and a specialized Patent Court under the pillar of the European Court of Justice (ECJ).
Brigitte Zypries, the German minister of Justice, wants this court not to be lead by regularly appointed judges, but by so-called technical experts. She promises better examination of the technical substance of the patents in corresponding processes. These technical experts are basically just another name for Patent Agents who have passed the Judge Academy.
Essentially, this makes the same people who decide what patents should be granted the ones who decide whether that was the correct decision. Oh yeah, that's a good idea.
You are confusing Patent AGENTS, i.e. attorneys, with EXAMINERS
ReplyDeleteNo, by "people" I mean the EPO: the problem is that the EPO would be intimately involved with all aspects, as the article explains: "If EPO-educated Patent Agents are now entering the judicative branch, this means that this branch is also going to be under control of the European Patent Office."
ReplyDeleteThere would be no truly independent review in the process: that's bad, whether applied to patents or to anything else.