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About IPcopy

IPcopy is an intellectual property related news site covering a wide variety of IP related news and issues. We will also take the odd lighthearted look at IP. Feel free to contact us via the details on the About Us page.

Unless stated otherwise, the contributors to IPcopy (the “IPcopy writers”) are patent and trade mark attorneys or patent and trade mark assistants at Keltie LLP or are network attorneys at K2 IP Limited. Guest contributors will be identified.

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Archive

The unitary patent and double patenting – will the UK allow it?

GB+EU flagToday on IPcopy an issue that was raised during the recent consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law – Double Patenting. (more…)

An Important Market: Software Patenting in Japan

code_invertedToday on IPcopy we have a guest post from Mr. Kenji Sugimura and Ms Rebecca Chen of Sugimura International Patent & Trademark Attorneys on the subject of software patents in Japan. This post appears on the Sugimura website and has been reproduced with the permission of the authors.

Software is one of the most innovative and fastest growing industries in the world, leading corporations to turn increasingly to patents to protect their software-related inventions. Businesses have begun to leverage the value of software-related patents, evidenced by the prolific mobile patent wars and the wave of multibillion dollar patent portfolio acquisitions.

Including Japan in a company’s international patent prosecution strategy is crucial for several reasons. Japan is the third largest economy in the world. Additionally, Japan has the second highest number of registered software-related patents in the world. These registered patents cover a wide range of technologies including embedded software in consumer goods and appliances and developments in vehicle network technology. Japanese companies also rank among the top patent filers.

As the applicability of software inventions continues to broaden, more opportunities are created for inventors to license their patented inventions to these Japanese companies. Given the importance of the Japanese industry and the opportunities within the software-related technology in the global marketplace, it is imperative for companies to develop international patent prosecution strategies with Japan in mind. Specifically, foreign companies should be aware of the similarities and differences in prosecuting software-related patents in Japan and in their home countries. (more…)

Unitary patent: News Nuggets (November 2014, Part 2)

EU flagAs we approach Christmas we have some more updates on the progress towards the unitary patent package. This post incorporates information gleaned from the EPO Select Committee website, the Unified Patent Court website and also an information update from the UK’s UPC Taskforce. (more…)

Westminster Legal Policy Forum (The Future of Patent Law) – 16 October – Seminar Review

logo2wfpAs noted in a recent post IPcopy attended the Westminster Legal Policy Review seminar on 16 October. This post provides a summary of some of the issues raised and discussed at the seminar. For a more detailed review of Neil Feinson’s (IPO) discussion about UPC implementation please see IPcopy’s post here. (more…)

Copyright Works in Photographs: Photographing Buildings

the_shard

Moody Shard Shot

At a recent training seminar a colleague from Keltie and I presented an overview of patents, trade marks, designs and copyright to an audience of in-house lawyers. As I’m a patent attorney and my colleague is a trade mark attorney we were ready for any questions that could be thrown at us from the fields of patents, designs and trade marks. Copyright, not so much maybe. We obviously had the basics covered and knew the details of some recent cases like Meltwater. However, anything slightly off track could have the potential to cause problems.

Nothing like that would happen, would it? Enter Sod’s Law and a question about taking photographs of a building…. (more…)

UPC Agreement – 17th Draft of Rules of Procedure now published

Unified patent courtThe Preparatory Committee’s Unified Patent Court website has been updated today with details of the latest version of the Rules of Procedure (17th Draft) and the Oral Hearing to discuss those rules. (more…)

Unitary patent: News Nuggets (November 2014)

EU flagToday we have a few nuggets of unitary patent and UPC news from around the web. In the post below we have an update on the state of German ratification of the Unified Patent Court Agreement, a reference to the European Patent Litigation Certificate in IPReg’s UK patent attorney exam proposals and we also highlight a couple of recent articles on the Kluwer Patent Blog that discussed unitary patent renewal fee progress and the possibility of a pro-patent bias in the UPC. (more…)

New role of ISPs combatting trade mark infringement

DiamondFourteen years after the adoption of the Directive on Electronic Commerce of 8 June 2000, relating to the liability of the ISPs within the EU, the roles of ISPs have evolved significantly and they no longer work in a solely technical capacity.

In principle, ISPs do not have any say on the content matter, they are simply offering a technical service. This task has however become required across a much broader spectrum since the emergence of Web 2.0, as users now have more opportunity to post and retrieve content on an interactive level.

ISPs which are merely acting as hosts benefit from a special status on non-responsibility. However, the legal obligations of ISPs have increased and in addition to the normal rules of liability, International and European Law have imposed on ISPs obligations to act against trade mark infringement by cooperating with the trade mark owners and the authorities. (more…)

‘Expectation of Success’ as Part of Inventive Step Analysis

MyriadThis is the second in a series of articles on biotech inventions (the first article can be found here). The present article discusses ‘expectation of success’ which is often considered as part of assessment of inventive step for biotech inventions and also in other life science areas such as pharmaceuticals. Whilst this article is written from the perspective of how the test is used at the European Patent Office (EPO) and in the UK Courts, ‘expectation of success’ is also applicable in other territories. (more…)

Unitary Patent and the UPC: a talk by Neil Feinson at the Westminster Legal Policy Forum

logo2wfpI was fortunate enough to attend last week’s seminar of the Westminster Legal Policy Forum in London. An overview of the seminar will appear on IPcopy later. This post will instead focus on one of the keynote addresses given by Neil Feinson, Director of International Policy, IPO and UK Representative, UPC Preparatory Committee.

“A cross-border, public sector IT Project. What could possibly go wrong?” * (more…)

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