EPO President Battistelli Expects Plan B Upon Adverse ECJ Opinion And Believes "We Need to Help SMEs" But Others Should Reduce Costs

[EURO coins, permission: ECB/03/4 /5] As reported earlier on this blog, the latest version of the "Draft Agreement on the European and Community Patents Court" [Doc. 7928/09] is subject to an opinion by the European Court of Justice (ECJ) on the compatibility of the envisaged Agreement with the EU Treaty [Doc 9076/09]. Meanwhile, the European Court of Justice announces the opinion on the "Draft Agreement" (case Avis 1/09) to be published Tomorrow (08 March 2011). The supporters appear not too enthusiastic about the opinion, since the oral hearing of May 2010 (official report) disclosed doubts on the compatible of the Draft Agreement with the EU Treaty and EU law (see e.g. here). Later, the Advocates General's (non-binding) Statement of Position raised further essential objections (see e.g. here). In either case, tomorrow's ECJ opinion will be decisive for both the Unified Patent Court and the EU Patent. So it's good that we receive some encouragement and optimism in the night before the decision from this piece of Joff Wild's well-informed IAM blog, reporting on an interview with EPO President Benoît Battistelli, who, inter alia, commented on the upcoming ECJ decision:
"[Battistelli] continued, a negative ruling from the court on Tuesday does not have to throw everything up in the air. “It is possible to work on a transitional basis while waiting for member states to create a scheme that is compatible with treaties and rules. Solutions can be found,” Battistelli claimed [and refrained from commenting on this believe any further] ...
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