Ean is a Partner in our Electronics & Software team, based in our Manchester office. He has a particular interest in telecoms, having spent the first few years in the profession working in-house for Nokia. He regularly handles subject matter ranging from RADAR systems, signal processing and digital systems to pipe couplings, medical devices and production equipment.
Ean jointly heads our Education sector team and works for a range of clients, including Universities (in the UK and abroad), global corporations and SMEs, operating in and around the Manchester area. He particularly enjoys working with up and coming companies, including spin-outs, helping them to identify and protect their intellectual property. He has experience of hearings before the UK and European Patent Office and frequently advises clients on contentious issues where their rights may be infringed or where they are accused of infringing the rights of others.
Before entering the patent profession, Ean spent several years working as a design engineer for Marconi and Motorola. This real-life commercial experience was invaluable and gives Ean an insight into some of the challenges faced by clients.
Ean was also mentioned in Managing Intellectual Property’s IP Stars guide in 2017 and described as a “problem solver” by a client.
It will not be possible to opt-out European patents after the transitional period. Instead, for these patents and applications, the UPC will have exclusive jurisdiction whether the patent is classically validated or whether UP is requested.
Patentees will simply need to apply a value comparison between UP and classical validations. The only way to avoid UPC jurisdiction for European patent applications that have not been opted-out during the transitional period will have been to file national patents and avoid the EPO.
Unless the application was opted-out during the transitional period, European patents granted after the transitional period ends will not be able to avoid the exclusive jurisdiction of the UPC. The only way to avoid the UPC will to have been to have filed national patents.
The transitional period is likely to be extended until the UPC uncertainty is resolved. We do not therefore believe it will be necessary to revert to national filings to avoid the UPC. But in any event, the status quo can be achieved up until the end of the transitional period, when the risks and rewards will be better known.
Unitary patent versus classical validations will be decided simply on value.
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