Did you know the U.K. patents system penalizes a failure to record a patent transaction at the Patent Office by depriving a successful plaintiff of its entitlement to recover its full legal costs in any subsequent infringement litigation on that patent?
It’s a little-known trap for the unwary, and the subject of our London partner Jonathan Radcliffe’s recent article, “Unregistered Patent Transaction? Even in Win, That’ll Cost You,” in Bloomberg Law’s World Intellectual Property Report.
The article is a very worthwhile read for multinational pharmaceutical and medical device companies looking to protect their intellectual property in this important jurisdiction. In it, Jonathan discusses how the findings from a recent U.K. Patents Court judgment in a medical devices case have clarified the extent of litigation sanctions imposed when there is a failure to record a patent transaction at the Patent Office. The U.K. patents system may deprive a successful plaintiff of its entitlement to recover its full legal costs in these circumstances.
This case will also affect trademarks and registered designs, as these statutes have identical provisions. This decision will impact potential litigants and future commercial transactions; they must make sure they register an interest, and make sure their due diligence in corporate and commercial transactions consider this potential situation.
To read the full article, please click here.