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Unitary patent: News Nuggets (December 2014)
It’s very nearly Christmas but just before we all go off to stuff ourselves with turkey and overdo it slightly on the eggnog, here’s a quick update on some unitary patent news including a possible venue for the UPC in the UK. (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…)
‘Expectation of Success’ as Part of Inventive Step Analysis
This 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…)
Clarity referral to the Enlarged Board – the EPO issues a clarifying notice (G3/14)
Referral G3/14, which relates to the issue of clarity objections in Opposition and Appeal Board proceedings, is currently pending before the EPO. As noted in an earlier IPcopy post the issues concerned are fairly fundamental and have the potential to impact many post grant proceedings via the possibility of the staying of proceedings.
The EPO has recently issued a Notice concerning the staying of proceedings due to the referral of G3/14. (more…)
Revised EPO Guidelines now available (valid from 1 Nov 2014)
The EPO is revising its Guidelines for Examination and these are already available on the EPO website (I know, be still your beating hearts). This early publication of the Guidelines can be accessed here. The EPO has thoughtfully included a Track Changes option which can be toggled on and off via a check box in the top right of the screen. Once switched on additions appear on a green background and deletions in red strikethrough font.
One of the more notable changes is to the EPO’s searching practice on applications entering the regional phase. (more…)
EPO – Rules relating to Unitary Patent Protection
The EPO Select Committee approved the Rules relating to unitary patent protection on 24 June. A copy of these rules has appeared online and is discussed below.
During a session of the recent “Unitary patent and Unified patent court” seminar held in Paris, Jerome Debrulle (Chair EPO Select Committee) indicated that the Select Committee had approved the rules that will be used to administer the unitary patent. IPcopy had not seen a copy of these rules at the time of our conference review post but now, thanks to reader Hans van Tongeren, we have been pointed towards what appears to be the latest version of the rules, which can be found on the Bristows website here.
The EPO’s rules document runs to over 80 pages and there is also a 40+ page Annex which highlights the changes from the previous version of the rules. An overview of the structure of the rules document is provided below along with some “highlights” from the rules themselves.
Unitary patent system & EPO strikes – answers from the European Parliament
Back in June IPcopy noted that there were three questions pending in front of the European Parliament from Marc Tarabella (Member of the European Parliament – see his biography here) that related to the unitary patent system. There was also a fourth question regarding relations between the EPO and the EU from another Member of the EU Parliament.
Answers to these questions were recently posted and are highlighted below.
Unitary patent: Spanish Challenge Update
As reported here previously, Spain is challenging both of the regulations that create the unitary patent. The CJEU heard the action brought by Spain on 1 July 2014 and a report of the hearing has popped up on an Allen & Overy eAlert (Luisa Deas from A&O was at the CJEU hearing).
The full report from Allen & Overy can be found here but a few notable points are highlighted below. (more…)
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