3 ms·

I feel like this is missing the why of it all. They aren't cancelling the patents because of some ethical medicine-must-be-free reason. They are cancelling the

I feel like this is missing the why of it all. They aren't cancelling the patents because of some ethical medicine-must-be-free reason. They are cancelling them because they are about to be revoked. A sort of, you-can't-fire-me-if-i-quit-first move. But why? Is there some sort of precedent they are seeking to avoid? Is this just them giving in the towel and looking to avoid further legal fees? Why are they cancelling instead of just letting the process play out?

j16sdiz 2y ago
If the EU patent is revoked in court in EU, the court in other country almost certainly will revoke the equivalent patent in their country because the precedent.
- bawolff 2y ago
  Which other country? Surely you dont mean for EU member states, since the patent would now be cancelled. For other countries, with different legal systems? The ruling wouldn't be binding as precedent of foreign courts doesn't bind and the law on what makes a valid patent is different. Maybe it looks kind of bad, but so does cancelling your patents right before they are ruled invalid.
  - oezi 2y ago
    There are still national patents possible even if you don't need them once you have a European one.
  - kolinko 2y ago
    IANAL, but precedents are generally not binding in Europe (Poland at least) - they just serve as an argument. From that perspective it doesn’t matter much if it’s the same or a different country. (may be wrong here)
m3kw9 2y ago
Maybe if the patent was revoked instead of cancelled it has different legal implications for that procedure
m3047 2y ago
They might be trying to avoid discovery which voids side agreements concerning confidentiality and possibly collusion / cooperation. Such conditions coming to light might undermine defense of the same / related patents in other jurisdictions. Hypothetically, and IANAL. Edit: I'd say the article supports this interpretation.

j16sdiz 2y ago

If the EU patent is revoked in court in EU, the court in other country almost certainly will revoke the equivalent patent in their country because the precedent.

bawolff 2y ago
Which other country? Surely you dont mean for EU member states, since the patent would now be cancelled. For other countries, with different legal systems? The ruling wouldn't be binding as precedent of foreign courts doesn't bind and the law on what makes a valid patent is different. Maybe it looks kind of bad, but so does cancelling your patents right before they are ruled invalid.
- oezi 2y ago
  There are still national patents possible even if you don't need them once you have a European one.
- kolinko 2y ago
  IANAL, but precedents are generally not binding in Europe (Poland at least) - they just serve as an argument. From that perspective it doesn’t matter much if it’s the same or a different country. (may be wrong here)

m3kw9 2y ago

Maybe if the patent was revoked instead of cancelled it has different legal implications for that procedure

m3047 2y ago

They might be trying to avoid discovery which voids side agreements concerning confidentiality and possibly collusion / cooperation. Such conditions coming to light might undermine defense of the same / related patents in other jurisdictions. Hypothetically, and IANAL. Edit: I'd say the article supports this interpretation.