Untested patent

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‘According to Jaffe and Lerner "the sand in the gears of the innovation machine is that companies and individuals must constantly fear that their research and product development may come to nothing, because someone is going to assert an as yet unknown or untested patent against them. Further, when such an assertion of patent infringement is made, the uncertainty about the ability to defend against that assertion often leads either to abandonment of the allegedly infringing technology, or to an agreement to pay possibly unnecessary royalties."’ (MINUTES OF MEETING, Council for TRIPS meetings)

Under the UPC, interim and, due to bifurcation, even final injunctions may be granted without any validity assessment yet result in companies being barred from making and/or selling a product across most of the EU. If such injunctions are granted too readily, it will not only allow non-European companies to shut down their EU competitors on an untested patent but will also make the EU attractive to patent trolls. (Giants in fear of trolls - electronics companies unite in patent concerns, Fasken)