A Patent Sea Change: The First Serving of Major Global Patent Law Changes Begins

Jason Garbell, Senior Patent Counsel, Novozymes AS, Denmark

This decade brings a sea change in patent law, with significant changes to the patent systems of Europe, the United States and Australia as well as a rapidly maturing Chinese patent system. The most significant of all the global changes may be occurring in Europe. Following at least a quarter century of debate, the European Council of Ministers reached an agreement for the “unification” of the European patent litigation system. The new system entirely changes the way we will be able to enforce patents in Europe and is equivalent in patent law impact to the creation of the single European currency. More debate will be necessary (as well as overcoming potential legal challenges to the basis of the agreement) to agree on the final form of the unified European court system, but the final treaty is expected to be signed in late 2012, and the system implemented in 2014.

Jason Garbell, Senior Manager with Novozymes North America (Patent and Licensing Department). Employed with Novozymes since 2000, and recently returned to the US from an expat assignment in Novozymes' headquarters in Denmark. Prior to employment with Novozymes, was employed by an intellectual property law firm in New Jersey. Registered to practice in New York, New Jersey and before the US Patent & Trademark Office. Undergraduate degrees from University of Texas (Microbiology), and law degree from Case Western Reserve University.

Novozymes A/S (Novozymes) is a Denmark-based biotech company and is headquartered in Bagsvaerd, Denmark. Novozymes is principally engaged in the industrial enzyme business. Novozymes develops, produces and distributes enzymes for many industries, including household care (detergents), fuel, food and feed industries. Novozymes also offers micro-organisms and microbial based products which are used in agriculture, industrial and municipal wastewater treatment, and household care. Novozymes also provides various biopharmaceutical ingredients for the pharmaceutical industry. Novozymes operates through its wholly owned subsidiaries, and has operations in Denmark, Canada, China, Japan North America, South America, Sweden and the United Kingdom.