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Tag Archives: CIPA

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…)

European Patent Litigation Certificate – responses to consultation

EU flagBefore the summer recess the Unified Patent Court Preparatory Committee ran a consultation on the European Patent Litigation Certificate (EPLC). Regular readers will recall that this certificate links to Article 48 of the UPC Agreement which states that parties may either be represented by lawyers authorised to practice before a court of a Contracting Member State or by European Patent Attorneys who have “appropriate qualifications such as a European Patent Litigation Certificate”.

The consultation closed on 25 July and, according to the latest Preparatory Committee roadmap, a revised version of the EPLC rules is expected early 2015. In the meantime one of our Twitter followers (thank you Guillaume S./@EPpatent) kindly pointed us at the Bristows UPC website where a few of the responses to the EPLC consultation are hosted.

Given that these responses include representatives from patent attorneys and also from lawyers we thought it might be fun to see how far apart the responses were! (more…)

Implementing the Unitary Patent provisions in the UK – the unclear scope of the software directive on UK patent infringement

GB+EU flagThe UK recently held a consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law. One of the suggested changes was the addition of some new defences to patent infringement in section 60(5) of the Patents Act. (more…)

European Patent Litigation Certificate – CIPA’s Public Consultation Seminar

Unified patent courtArticle 48(2) of the Agreement on the Unified Patent Court (which relates to representation) states: “Parties may alternatively be represented by European Patent Attorneys who are entitled to act as professional repre­sentatives before the European Patent Office pursuant to Article 134 of the EPC and who have appropriate qualifications such as a European Patent Litigation Certificate“.

What constitutes a European Patent Litigation Certificate has been the subject of much discussion already (here’s an earlier IPcopy article) and is now the subject of a formal consultation (details here) with a closing date of 25 July.

CIPA has announced that it is to hold a seminar on this subject on 2 July 2014 at CIPA Hall. Full details are after the break or you can click here and jump straight to the CIPA Events page to book your place. (more…)

The Intellectual Property Bill – CIPA call for comments

cipalogoAs noted in an earlier IPcopy post the Intellectual Property Bill has left the Ping Pong stage and is now waiting for Royal Assent. Amendments introduced during the Commons stage and accepted by the Lords during ping pong included a clarified qualification criteria within Clause 3 (Qualification criteria for Unregistered design right) and tweaks to Clause 13 (criminal office for copying a registered design) following lobbying from various groups including CIPA and the IP Federation.

Some of the changes to be introduced via the IP Bill will require secondary legislation and an official consultation on, for example, the changes required to bring the Patents Act into line with the unitary patent package is expected to kick off late May/early June (see IPconnect, page). (more…)

IPReg Consultation on simplifying and modernising the examination system for qualifying as a patent attorney

IPRegIPReg has now confirmed that their recent consultation looking at the UK patent attorney exam system has closed. Not surprisingly there were a large number of responses and IPReg is suggesting a minimum of 3 months but more likely 6 months before their conclusions are published.

All the responses will, in time, be published unless you contact them and inform them otherwise.

See below for a selection of published responses to the consultation.

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CIPA Event: IPReg consultation on simplifying & modernising the patent attorney examination system

cipalogoOn 12th February 2014, CIPA will broadcast a presentation from IPReg on the proposed changes to the UK patent attorney examination system. The broadcast is due to begin at 2.30pm and conclude at 4pm. Questions, comments and views can be submitted both during and after the event via the link below (see Link (1)). According to the January CIPA Journal questions may also be submitted using the hashtag #PatExams to @TheCIPA. (For IPcopyemily’s thoughts on the matter see here.)

As noted on the CIPA website:

Nicholas Fox, IPReg Board member and one of the architects of the proposed reforms, will present the rationale for change and the evidence supporting the need for a different approach. Nicholas will be on the expert panel and will make the case for requiring all trainee patent attorneys to pass an accredited Foundation course, withdrawing the examination-only route to entry into the profession, and withdrawing P3 (Drafting) and P4 (Amendment) examinations in favour of qualification via the EQE route.

In response, CIPA will describe the consequences for private practice and for industry should the proposals be adopted. Keith Hodkinson will provide a perspective from private practice and the likely consequences for recruitment into the profession through large and small entities. Bobby Mukherjee will respond on behalf of industry, describing the likely impact of the proposals on business and the UK’s competitiveness in the global IP market.

Links

  1. The CIPA webcast information page can be found here.
  2. The webcast itself can be accessed here.
  3. The IPReg consultation on simplifying and modernising the examination system for qualifying as a patent attorney runs until 17 March 2014 and can be found here.

Mark Richardson 7 February 2014

Top 10 Points from EPO case law from 2013 (CIPA Event 27 November 2013)

cipalogoFollowing on from last week’s guest post from Suleman Ali of Holly IP and K2 about top 10 points from UK Court Decisions in 2013 we now have Suleman’s 10 points from EPO case law in 2013. This post was originally posted on the Holly IP blog and is reproduced with the permission of the author.

These decisions were discussed at a CIPA event on 27 November 2013, and the following points are based on the cases selected by the speakers.

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CIPA “The UPC Needs You” webinar & other unitary patent snippets

EU flagA couple of weeks ago, on 13 November, CIPA held a webinar (“The UPC is calling You”) on the application process for unified patent court judges. The closing date for expressions of interest for UPC judges was 15th November 2013 and according to the Unified Patent Court website there has been an overwhelming response to the call for expression of interest of candidate judges. Not bad for a job where the salary, benefits, exact training schedule etc are not yet known!

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