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Reports of the death of the UK Patent Box are greatly exaggerated
Following the recent joint announcement from the UK and Germany on the patent box regime we’ve encountered clients who believe the UK patent box is to shut completely. By way of reassurance here’s a short piece from Richard Turner of FTI Consulting.
Given the recent announcements on the deal struck with Germany there has been some concern over the wellbeing of the only recently introduced UK patent box. It is true that the existing rules will be phased out. However, a new regime will be introduced which is likely to be similar to the existing regime in many ways.
What’s my line? The role of a paralegal
Roy Scott, Keltie LLP’s Senior Paralegal and a member of the ITMA Seminar Working Group, recently had an article published in the ITMA Review regarding the role of paralegals. Here is a copy.
The Oxford Dictionary definition of the role of a paralegal is “a person trained in subsidiary legal matters but not fully qualified as a lawyer” – an interesting definition that is interpreted in many different ways in both the UK and US.
It also provided a stimulating topic for discussion at ITMA’s July and August roundtable discussions for Trade Mark Administrators. ITMA President Chris McLeod opened proceedings by addressing the audience and giving his interpretation of the role of a paralegal and how this varied from firm to firm. To highlight this point, the later discussions were focused around the role of a paralegal in-house, in a law firm and in a Trade Mark Attorney business. (more…)
UKIPO: Green Patents – Statistics
This may not be what the UKIPO had in mind for “green technology”!
Have you ever had a client go a little bit “Maverick and Goose” and scream “I feel the need…..the need for speed!”?
No, me neither, but sometimes a client does want to know what can be done to speed up the often painfully slow prosecution process and secure a patent grant (or at least decision) as soon as possible.
The UKIPO offers three options for speeding up prosecution of a patent application: combined search and examination (CSER); accelerated search and/or examination; and, early publication. While CSER and early publication are available on request, justification needs to be given to get accelerated search and/or examination. One reason may be that you believe there is an infringement occurring and you need an early grant to enable action to be taken.
An alternative route to requesting accelerated search and/or examination however is via the Green Channel which allows applicants to request accelerated prosecution if their invention has some kind of environmental benefit. But, how popular is this option? (more…)
New Fast Track Examination for CTMs
On 24th November 2014, the Office for Harmonization in the Internal Market (OHIM) introduced a “Fast Track” application process for European Union (CTM) trade marks. This allows for certain trade mark applications to be processed, examined and – if accepted – published much faster than under the current examination turnaround times. The typical “fast-track” publication is expected to take only 3-4 weeks from the filing date of the application, if no objections are raised. (more…)
When is a Biotech Invention Completed? How Much Data is Needed?
In the field of biotech showing that the invention works by means of providing the appropriate data can be an important part of ‘making’ the invention. At the European Patent Office (EPO) and the UK Courts not having enough data in a patent specification can lead to problems of sufficiency, support and industrial applicability. Where patentability relies on a particular technical effect then not having enough data can also lead to lack of inventive step, i.e. it has not been shown that the problem has been solved. The issue often arises in the case of patent applications that cover new treatments, though it is also relevant to other areas of biotech. (more…)
Unitary patent: 17th Draft of Rules of Procedure – What’s changed?
The 17th draft of the Rules of Procedure of the Unified Patent Court Agreement appeared online recently in advance of the oral hearing in Trier tomorrow (26 November 2014). We’ve taken a quick look over the changes to highlight a few points that have changed. (more…)
Road to nowhere? When EP patent applications are still pending over 20 years from filing
A patent is a legal right enabling the owner to stop someone else making use of an invention. Once granted a patent will provide the owner the exclusive right to prevent others from making, using, selling, importing or distributing the patented invention without permission for a period of up to 20 years from filing (assuming the renewal fees continue to be paid).
So far so good, right? But what happens when a patent application doesn’t make it to grant within the period of 20 years from filing? What happens then? And why would you still want to prosecute a patent application for 20 years anyway? (more…)
EPO Strikes
The World IP Review is reporting that EPO staff have voted on a series of strikes commencing with a one day strike on Thursday 20th November and then increasing the number of strike days per week by one day per week until there is a whole week of strikes in the week beginning 15th December. (more…)
Unitary Patent: AG to Spain “Bot says Not” (AG dismisses Spanish Challenges to Unitary Patent)
The Advocate General’s opinions on the two Spanish actions (C-146/13, C-147/13) against the Unitary Patent Package were published today. A Press Release has also been published.
Long story short? Sorry Spain!*
*(At least as far as the Advocate General is concerned. The CJEU’s ruling on the matter will follow at some point and though it might seem likely that the Court will follow the AG, that isn’t necessarily so). (more…)
Patent Box 2.0 – changes afoot for the UK’s Patent Box Regime
This is not just any box. This is an HMRC Patent Box
Back in January David Cameron gave his EU speech and said the following: “I want the European Union to be a success and I want a relationship between Britain and the EU that keeps us in it……When we have negotiated that new settlement, we will give the British people a referendum with a very simple in-or-out choice. To stay in the EU on these new terms; or come out altogether.“
Quite what that new settlement will be and how effective DC’s negotiating skills will be is something of a slight unknown. However, if last week’s joint announcement that George “I’ve secured us a discount” Osborne made with Germany on the subject of the Patent Box is anything to go by then the EU negotiation may prove interesting! (more…)
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