Patent Litigation Insurance Summary: Risk Reward Ratio?

Following the publication of the Gowers Review of Intellectual Property (The Gowers Review) the issue of a workable patent litigation insurance scheme has returned to the legal and political agenda. The desire to encourage more successful patent applications ensures that it will not shift until the situation is addressed.

In the aftermath of the publication of the report of the European Commission on, "The feasibility of possible insurance schemes against patent litigation risks" (The 2006 report) a number of patent insurance experts and analysts felt compelled to address the proposals. The 2006 report was the latest report since the first European Commission report was published in 2001 and followed by the more specific, "Patent litigation insurance" (The 2003 Report).