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Unitary patent and UPC update – September 2015 (Part Two)
Here’s another brief update on all things Unitary patent/UPC.
UK UPC Taskforce
The UK’s UPC Taskforce issued another status update last week. The next Preparatory Committee meeting is scheduled for 19 October.
The Expert Panel of the Preparatory Committee have had a presentation on the IT system and there has also been discussion of the feedback from the court fee consultation. It is also noted that a Code of Conduct is being developed for representatives and proposals for this are being developed with representatives from EPLAW, EPLIT and epi. (more…)
European Patent Litigation Certificate – the Preparatory Committee’s proposal
As highlighted in our post earlier this week the Preparatory Committee’s proposal for the rules for the European Patent Litigation Certificate were agreed at its early September meeting. These rules have now been published (here) along with an Explanatory memo (here). IPcopy has generated a tracked changes version of the latest proposal showing the changes to the rules since the consultation document (tracked changes document here).
As noted below (and in CIPA’s note sent yesterday to the profession) the proposal as agreed by the Preparatory Committee represents a great deal for the UK patent profession and a huge pat on the back is due to those at CIPA, the UKIPO and elsewhere for their efforts on this front. Based on some of the responses received to the consultation IPcopy can only presume that the CCBE and the IPLA aren’t quite so enamoured with the proposal…..hey ho. (more…)
Unitary patent and UPC Update – September 2015
Summer seems to be drawing to a close so it’s probably time to put the mankini away again for another year. Fear not however because we have the first post-beach update on the unitary patent and the UPC. Covered below are brief updates on Italy in the unitary patent, feedback from the UPC fees consultation, the UPC in London and highlights from the most recent update from the UK’s UPC Taskforce (including news on the EPLC). (more…)
Unitary Patent Package – The Ratification Game (Portugal completes its ratification formalities)
Update (1 September 2015)
According to the website of the Council of the European Union, Portugal has now deposited its instrument of ratification (on 28 August 2015) to become the eighth country to complete its ratification formalities. Portugal joins Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eight countries who have completed their ratification processes.
Regular readers will recall that we noted last month that Portugal had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels. Now that Portugal has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).
US caselaw – countering an obvious combination objection
We’ve all been there. The Office Action for your client’s latest US patent application contains an inventive step objection based on the combination of two documents. The documents together appear to be relevant to your main claim but the client swears blind that the documents would never be combined to arrive at the invention. What do you do? How can you argue against such a combination of prior art. Well, here is a brief compilation of relevant US cases bearing on the obviousness of combinations*. (more…)
Portugal ratifies the UPC Agreement
From IPcopy reader Gonçalo Paiva e Sousa comes news that the Portuguese president has apparently ratified the UPC Agreement.
Gonçalo’s comment in full reads:
“The Portuguese president has ratified the UPC Agreement, after the parliament approval. It is now official that Portugal has ratified the Unitary Patent Court Agreement – Presidential Decree n.º 90/2015 dated August 6, 2015.”
Unitary patent and UPC news round-up
Here’s a selection of unitary patent and UPC flavoured news items that we’ve seen in the last few weeks:
Opt out fee
The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?” (more…)
UPC Update: UK UPC Taskforce (July 2015)
Another of our semi regular updates on the progress of the unitary patent and UPC. (more…)
UPC Court Fees Consultation Event – the Q&A
Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. Earlier this week IPcopy posted our notes on the event. Today we have some further notes gleaned from the Q&A session that followed the main event. (more…)
UPC Court Fees Consultation London Event (CIPA/IPO/IP Federation)
Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. What follows below are IPcopy’s notes on the event and consultation.
If you are planning on submitting a response to the consultation then you have until midnight 31 July 2015. The consultation document can be found here. Anyone who missed the consultation can take advantage of the video recording of the event here to review what was said. (more…)
IPcopy 