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New Zealand has NOT banned “software patents”

New ZealandSeemingly from New Zealand to London and from New York to Kalamazoo, the Internet has been awash with news articles announcing that New Zealand has banned software patents*. There’s only one small problem: the “NZ bans software patents” title is bobbins because, simply put, New Zealand has not banned “software patents”! So what’s this hullabaloo about and why are all the popular articles such an omnishambles? (more…)

Inventive step at the UK IPO – Report of CIPA seminar

cipalogoIt is one thing to argue against an inventive step objection. It is quite another thing to construct the inventive step objection in the first place.

That was the premise behind this seminar, in which two experienced examiners from the UK IPO, Stuart Purdy and Andrew Hole, offered the opportunity for attorneys to see patent examination from an examiner’s perspective, in a friendly and accessible manner. (more…)

Superfast Patent Processing: Government response

Need for speed? UK decides not to "Be more dog"

Need for speed? UK decides not to “Be more dog”

As reported here on 22 April, the UKIPO opened a consultation on a new accelerated prosecution service dubbed “superfast”. The intention of this service was to offer a premium accelerated prosecution service in addition to  the free acceleration services currently available, which can already bring the time taken to obtain a UK patent to less than a year.

The Government has now publised their response to the consultation which can be found here. Not unsurprisingly, a number of concerns were raised and the Government has decided not to go ahead with the proposal.

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How to Cut the Cost of Filing PCT applications in the UK (and Europe)

GB+EU flag
In a world where it is rare to get something for nothing, most would view the headline for this story with a hint of cynicism and an expectation that somewhere there is a hidden catch. However, this IPCopy correspondent wishes to assure you that there is a way for the UKIPO and other national receiving offices in Europe to cut the costs of filing PCT applications without losing a single penny/cent/krona of national revenue. The answer is to follow the market-led approach of our enlightened American counterparts. (more…)

G1/10 – Portion vs Position: Where are they now?

epologoAround this time last year, decision G1/10 of the Enlarged Board of Appeal was published by the EPO, and over at IPCopy, we’re paying it a little re-visit. ‘Why ever is that?’ I hear you cry! Well, I’m so glad you asked. Separate opposition proceedings relating to the patent in question were in progress when G1/10 was issued; the oral proceedings were scheduled for this month, and an interesting decision was due to be made, so IPCopy took a little look at the EP patents register to see what happened. (more…)

Unitary Patent Package – The Ratification Game [Updated: 12 August 2013]

EU shirt2[Update (12.8.13) – Austria has apparently deposited its instrument of ratification. The Info graphic and State of Play text below have been updated.]

As discussed in our Q&A post on the unitary patent package, the unified patent court agreement requires 13 or more participating member states to ratify the agreement before the unitary patent system can get up and running.  Furthermore, three of those 13 member states need to be France, Germany and the United Kingdom.

We will be following the ratification process here on IPcopy but thought we’d try and do so via the medium of football and info graphics.

So, without further ado here’s the process of ratification re-imagined in the form of a (wildly stretched) football analogy. The European team “UPP United” (Unitary Patent Package) are at the ground for their match against the Rest of the World (an aim of the unitary patent system is to make the European patent system more competitive compared to the systems in the US and Japan). This being a slightly inaccurate analogy the European team will comprise 13 players (instead of the usual 11) and will form up in a 5-5-2 formation! The info graphic is below and more notes are further down the post. We hope you enjoy.

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Unitary patent package – Timeline for implementation

EU flagThe dolly zoom is a camera effect, famously used by Alfred Hitchcock in Vertigo, in which the background in a shot suddenly appears to change size in relation to the foreground subject matter. Those of you following the implementation of the unitary patent system may have noted that despite the main legislative regulations and agreements being in place the actual “go live” date for the system appears to be performing the legal equivalent of a dolly zoom by disappearing into the distance!

Since the original implementation date was April 2014 but is now being reported as late 2015/2016, we thought we’d take a quick look at the timeline as it appears now.

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Unified Patent Court News: European Commission Adopts Proposal for Amendment to Brussels I Regulation

EU flagBreaking news from IPCopy (with a shout-out to the eagle-eyed Giles Parsons of Browne Jacobson for the heads-up): The European Commission has adopted the Proposal for a Regulation amending Regulation No 1215/2012 (the ‘Brussels I’ regulation). This amendment has been eagerly anticipated by Unitary Patent spotters, and is necessary to bring the Agreement on the Unified Patent Court into effect.

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3D printing – seminar review

PrinterOn 26 June 2013 Field Fisher Waterhouse held an excellent afternoon seminar on “Developments in UK and EU patent law”. David Knight’s session on 3D printing (“3D Printing – A licence to infringe IP rights?”) was particularly interesting as it looked at the implications for intellectual property rights owners arising from the developing field of 3D printing.

In this post we provide a (hopefully accurate!) recap of David’s talk and a look at the world of 3D printing. (more…)

Patent Marking on Vintage Recreation Products – Inspired by Gretsch® Guitars

Gretsch for blogYou may not believe it, but in her spare time, this IPCopy writer does occasionally turn to pursuits other than combing through Unitary Patent legislation (no, really). Not so long ago, she was perusing the website of Gretsch® guitars, on the brink of doing some damage to her wallet, and stumbled across something that caught her eye*.

Gretsch® has been around since the 1880s, and started out making banjos and ukuleles, soon progressing to guitars. Today, they  focus on vintage-style guitars,  some being recreations of earlier instruments. Why on earth might you care about this? Well, recreating the appearance of  a vintage instrument is relevant to the important subject of patent marking (no, really).

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