The UK Patent Office yesterday launched a new mediation service to help companies and individuals resolve intellectual property disputes without resorting to litigation. The service will cover all types of intellectual property rights.
It is the latest in a series of Patent Office initiatives to give rights owners more options for dealing with their intellectual property rights. Earlier examples include the launch of a non-binding patent opinions service and a streamlined trade marks opposition procedure.
In general, mediation is a means of resolving a dispute by mutual agreement without taking it through a civil court process. It uses an independent, third party to guide negotiations, which can be helpful in defusing difficult situations. In many cases, mediation can be cost effective, discreet and provide certainty to the parties.
The new service offered by the Patent Office gives parties the choice of using a Patent Office mediator or an external provider. Either way, the parties can use accommodation provided by the Patent Office for the purposes of the mediation.
If the parties agree to mediate, the Office will stay any ongoing proceedings until the mediation process is complete.
The Office is encouraging Hearing Officers to assess hearing requests to determine whether the cases could be better dealt with through mediation. Where they find suitable cases the Hearing Officers will take a pro-active role in highlighting the opportunity of mediation to the parties.
Parties do not need to take up the option of mediation, but the Patent Office warns that the Hearing Officer has discretion to take this into account when considering costs.
