Patinnova '01

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Patents in the digital eraPatents serving entrepreneurship
Competition policy
Fundamental rights
Information technology and telecommunications
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European
Commission
Patents in the digital era
Patents serving entrepreneurship
ÎMMNOVA 'Õ1
Proceedings of the sixth European Congress on Patents
JMVÒ#XH««Í
A publication from lhe Innovation/SMEs Programme <L¡B»fb part of the Fifth Research Framework Programme A European Commission
PATINNOVA 'Ol
Patents in the digital era
Patents serving entrepreneurship
Proceedings of the sixth European Congress on Patents
15 to 17 October 2001, Cardiff, Wales
Directorate-General for Enterprise
2002 EUR 17049 LEGAL NOTICE
Neither the European Commission nor any person acting on behalf of the Commission
is responsible for the use which might be made of the following information.
The views in this study are those of the authors and do not necessarily reflect the
policies of the European Commission.
These proceedings of the Patinnova '01 congress were edited by Ted Blake, of Ted
Blake Associates.
A great deal of additional information on the European Union is available on the
Internet. It can be accessed through the Europa server (http://europa.eu.int).
Cataloguing data can be found at the end of this publication.
Luxembourg: Office for Official Publications of the European Communities, 2002
ISBN 92-894-3689-1
© European Communities, 2002
Reproduction is authorised provided the source is acknowledged.
Printed in Belgium
PRINTED ON WHITE CHLORINE-FREE PAPER CONTENTS
Preface
OPENING SESSION
Welcome Address
Rt Hon Rhodri Morgan AM 9
Welcome Address
Fabio Colasanti 13
Welcome Address
Ingo Kober 21
IP and the Modern Economy
Ron Marchant9
KEYNOTE SPEECH
From an Invention to a Successful Company:
The Patent System Serving Entrepreneurship
Mandy Haberman 35 THEME 1 : PATENTS IN THE DIGITAL ERA
Intellectual Property Rights and
the New Digital Economy
Dominique Foray 47
How SMEs Perceive Software Protection
A Study Undertaken for DG Enterprise
Puay Tang 59
Software Patents - EPO Practice:
History and State of Play
Dai Rees 6
EC State of Play in Software Patentability
Anthony Howard 81
How All Business Methods Achieve
a Technical Effect
Greg Aharonian 95
Software Patents: The Industry Consensus
Christian Nguyen Van Yen 113
The Welfare Effects of a Patent Infringement
Abatement Insurance
John Horsted9
The Patent Practitioner's Views
Pierre Bréese 127
The Regulation of International Disputes
Related to the Use of the Internet
Benoît Strowel 141
Intellectual Property Rights and New Technologies
Michel Vivant 16THEME 2: PATENTS SERVING ENTREPRENEURSHIP
Successful Invention Coming from a University
- A Case Study
Désiré Collen 183
How Does a Research Institute Manage Its IPR?
Bernhard Hertel 19
An IP System Serving Entrepreneurs
Ron Marchant '. 199
Initiatives in the Field of Trademark Protection
Fernando Lopez de Rego 205
Management and Evaluation of IPR
- Experience with IPscore®
Steffen Rebien 217
Litigation Insurance - New Initiatives
Walter Hoher 233
The IPR-Helpdesk Experience
Paul Schwander 247
University Technology Transfer
The US Situation as Compared to Europe
Manfred Schmiemann 26
IPR Issues in European Research Policy
Denis Dambois 27
The Community Patent
Anthony Howard 287 PLENARY SESSION
REPORTS OF EACH SESSION
ROUND TABLE DISCUSSION
Reports on Themes 1 and 2
Ted Blake 299
Round Table Discussion
Moderator: Ted Blake 301
CLOSING SESSION
Patinnova/Epidos 2001
Conference Conclusions
Heinz Zourek 311
Closing
Virginia Chambers7
Closing
Liliane Meyers 32
Closing
Heinz Zourek3 PREFACE
To the casual observer, international trade and commerce revolves almost
exclusively around the successes and failures of the largest companies. It is
they who grab the headlines during periods of economic change because the
policy decisions they make have such a dramatic impact upon the world
around them. During periods of economic growth the largest companies will
often announce the creation of thousands of new jobs. These announcements
are, of course, always welcome and do much to foster an atmosphere of
confidence which, in turn, encourages expansion elsewhere. Unfortunately,
the converse is also true. So when thousands of job losses are announced it
tends to create an atmosphere of gloom.
But, as Mr Fabio Colasanti, the European Commission's Director-General
for Enterprise, stated in his opening address to Patinnova '01 "There is an
emphasis at this Conference on entrepreneurship and small and medium-
sized enterprises. The reasons for this are simple. SMEs are often crucially
important in the introduction of new technologies and products. They are
generators of new jobs. They often exhibit the flexibility to effect rapid
change. But many lack the necessary expertise to exploit their innovations
to the optimum extent. That is where events such as this can bring about
important and beneficial changes."
Innovation is a matter of considerable significance to the long term
wellbeing of the citizens of the European Union. International competition
obliges us constantly to generate new technologies. But, the mere generation
within Europe of valuable inventions is of no overall benefit to the Union's
citizens if those inventions are freely copied by anyone. In other words, a
coherent patent strategy is a key element for any innovative company
whatever their size.
A second theme of Patinnova '01 was that of patents in the digital era. The
congress examined the state-of-play as regards software patentability, and other issues affecting intellectual property rights arising from the new
digital economy.
An underlying theme of all Patinnova conferences is to help raise awareness
and understanding of intellectual property. Explaining the ins and outs of
the patent system to those who need to know is a task which is never
finished. As new companies and organisations constantly spring up then so
does the need to inform them how best to exploit their ideas.
These proceedings, like the Patinnova conferences themselves, are
addressed not only to specialists in patents and intellectual property but are
also intended to give an overview of current issues in these areas to
non-specialist users and potential users of the patent system.
The conferences provide an opportunity for dialogue and exchange of views
across the "innovation/patents" interface. These debates at Patinnova '01 are
include in this volume of proceedings.