07 February 2006

Patent Insurance

I have just received an email from IP360 (a US intellectual property news subscription service) about an article on patent litigation entitled "Patent Insurance: Pricey, But May Be Worth It". You have to subscribe to the service to read the article but the website advertises free trials and individual monthly subs start at US$39.

The interesting thing is that Americans actually feel they need patent insurance. One would have thought it would have been a lot easier for patentees there than here. By and large, legal and patent attorneys (agents)' fees are more reasonable there than here. There are some lawyers who will take infringement cases on a contingency fee. Costs do not usually follow the event. Triple damages are available for wilful infringement and "wilful infringement" means infirngement in the knowledge of the existence of a patent. There are no threats actions there. Patents are available for inventions that are not patentable here. The doctrine of equivalents catches claims that would not be caught by art 69 EPC.

No comments: