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Tag Archives: unitary patent system
Today we have a quick round up of some unitary patent related news items that have cropped up in the last week or so. Read on for news of the progress of ratification of the Unified Patent Court Agreement in Belgium, two patent bills in Sweden, a statement from the EPO’s Economic and Scientific Advisory Board (ESAB) on the unitary patent package and the Brussels I regulation. (more…)
As IPcopy covered back in June last year, Spain has launched further attacks against the unitary patent system at the CJEU. There are several bases for the complaint including breach of the principles of autonomy and the issue of delegation of powers to the European Patent Office whose acts are not subject to judicial review.
At the always entertaining Wragge & Co. annual patent seminar in December last year, the Virgin v. Zodiac case that recently passed through the UK’s Supreme Court was discussed in the context of res judicata and the end of the Unilin principles. However, this case may also illustrate the issues that can arise when the EPO gets something wrong and there’s no means for appeal.
The Supreme Court case centered on Virgin Atlantic Airways Ltd’s attempts to recover damages exceeding £49 million (!) for the infringement of a European patent that no longer existed in the form said to have been infringed.
What is particularly interesting about the Virgin/Zodiac case in the context of the unitary patent system and Spain’s challenge to that system is that it relates to a patent that should never have had effect in the UK were it not for an administrative mistake by the EPO!
An interesting year for Intellectual Property developments is before us with further progress on the unitary patent expected and the possibility that the US Supreme Court will weigh in again on the issue of patent eligibility with the recent referral of the Alice/CLS decision.
However, before all that we thought we’d take a quick look at the most popular posts on IPcopy in 2013. (more…)
Yesterday I had the pleasure of speaking at the CIPA seminar “The Unitary Patent and the UPC” with Alan Johnson of Bristows LLP and Tim Roberts. A copy of the slides for my section of the talk is enclosed below along with some links to additional information covered in the talk (the Poland Deloitte report and some views on the impact of the Scottish Referendum).