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IPcopy watched CIPA’s seminar on Standard Essential Patents (SEPs) recently which was presented by Kevin Scott and Richard Vary. The seminar covered a number of topics: What is a SEP?; FRAND – what does it mean?; Licensee/licensor behaviour; Litigation venues (this part was also of wider interest than the SEP world); Unwired Planet v Huawei; SEP arbitration and the future.
What is a SEP?
The seminar started with definitions of “essential”, in the context of standard essential patents, from both the ETSI and IEEE organisations (see bottom of post for a copy of these definitions) before noting that this was quite a dry definition and the SEPs that we come across in today’s world are small improvement patents that can save a bit of power in a transmitted message or add a few extra transmitters into a particular radio channel.
The core technologies behind the smartphone in your pocket were standardised around 20 years ago but in the time since then many small improvements have been made. Kevin noted that the result of such improvements means that multiple people can now stream video while on their commute to work using a broadly similar amount of radio spectrum to that which was used to broadcast a few channels to the whole country. (more…)
This is another belated IPcopy report of a recent CIPA UPC seminar. This webinar looked at the issue of Infringement and Validity Opinions in the European patent landscape when (if?) the unitary patent scheme comes into effect.
Currently of course providing a pan European I&V opinion means that a bundle of EP patents need to be considered and requires the assessment of different infringement and validity laws in different countries. The seminar, run by Leythem Wall of Finnegan, asked whether UK EPAs* will be able to provide a pan European infringement and validity opinion once the Unified Patent Court opens its doors. (more…)
The CIPA UP/UPC series continued in June with episode 5, “Getting Legal with the Unitary patent and how to get it” presented by Chris Mercer. A slightly belated IPcopy summary of the seminar follows…
As for the earlier entries in the series the opening of the seminar provided a recap of the basics of the unitary patent system. IPcopy won’t go over these again here but refers interested readers to our earlier posts on this lecture series here.
This seminar took a bit of a deeper dive into the rules and regulations relating to the unitary patent system and so, as well as references to the two unitary patent regulations (1257/2012 and 1260/2012) and the Unified Patent Court Agreement, we also got a look at the Rules relating to Unitary Patent Protection (UPR) and the Rules relating to Fees for Unitary Patent Protection. There was also some time spent looking at the EP Patent Register and the changes that are to be made there to accommodate European patents with unitary effect.
IPcopy has summarised some of the points that caught our eye: (more…)
Episode 4 of the CIPA series on the unitary patent system looked at factors that might impact an applicant’s patent strategy. This entry into the CIPA UPC series covered some similar ground to the first three seminars and so we’ve tried to represent the main points in the table below. This session was notable for the extended Q&A session (which IPcopy personally enjoyed) which, in our view, suggested that there may still be some misunderstandings over how the unitary patent system will work in practice. Some of the themes from the Q&A are also discussed below along with a few other titbits of information.
The speaker, Dave Croston of Withers & Rogers, pointed out that the webinar would not be an algorithm that you could plug factors into in order to develop a patent strategy. Neither would it be an exhaustive look at all strategy based points. Rather the seminar aimed to provide a headline look at a number of the issues. (more…)
The third in CIPA’s unitary patent seminar series was delivered by Vicki Salmon. This webinar provided a detailed look at the whole unitary patent system, the current patent landscape in Europe and the differences between the two. (more…)
The seminar was presented by two senior examiners from the UK Intellectual Property Office, Dr Russell Maurice and Dr Stephen Richardson, both very enthusiastic and articulate speakers. The structure of the seminar was based on training sessions given to UKIPO examiners and involved a presentation regarding excluded matter under the Patents Act. This was followed by a review of a handful of case studies in small groups to test the principles that we had just been taught, and then finished up with a discussion of the decisions reached by the groups.