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.
