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Kluwer Patent blogger
Unitary Patent system: EC asks for study on European SPC title
January 27, 2016

The European Commission has taken the first step towards creating a European Supplementary Protection Certificate (SPC). A Call for Tender for a ‘Study on the legal aspects of the supplementary…

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Miquel Montañá  (Clifford Chance)
Spanish Supreme Court draws the fine line between factual and legal assessments in the context of inventive step
January 25, 2016

As readers well know, according to article 56 of the European Patent Convention "an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not…

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Pieter Callens  (Eubelius)
Opting out European patents risks to trigger the liability of patent attorneys
January 24, 2016

On Friday 22 January 2016, the annual ERA (Academy of European Law) conference on the Unitary Patent took place in Brussels. Regarding the agreement reached on the renewal fees, Clemens Heusch, head…

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Jan Lindberg  (Attorneys-at-Law TRUST)
Finland Ratifies the UPC Agreement
January 20, 2016

Finland became the ninth country to ratify the UPC Agreement when President Sauli Niinistö signed the law on its ratification on 8th of January 2016. The Parliament approved the ratification in…

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Thorsten Bausch  (Hoffmann Eitle)
T 650/10 and the right to be heard
January 15, 2016

By Klemens Stratmann Currently, the parties involved in appeal proceedings before the EPO see a clear trend towards decisions rendered on formal grounds. If the patentee files new requests along with…

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Adam Flint  (EIP)
University’s Dispute with Inventor Highlights Importance of Establishing Ownership of IP
January 14, 2016

A recent decision at the UK Intellectual Property Office emphasises again how important it is to establish ownership of rights in inventions (particularly before the first patent application is filed…

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Kluwer Patent blogger
Procedure to select judges for Unified Patent Court will start in earnest
January 14, 2016

The procedure to select judges for the Unified Patent Court (UPC) will start within two months. An announcement and an online application form will be published on the UPC website at the end of…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: In re Urbanski, United States Court of Appeals, Federal Circuit, No. 2015-1272, 8 January 2016
January 13, 2016

The Patent Trial and Appeal Board did not err in affirming the rejection of several claims of a patent application directed to a method of enzymatic hydrolysis of soy fiber suitable as a food…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Polymerschaum II, Federal Court of Justice of Germany, X ZR 101/13, 9 June 2015
January 13, 2016

The Federal Court of Justice held that claim construction has absolute priority before issues of invalidity, such as the inadmissible extension or issues of patentability of the subject matter, can…

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Valerie Eder  (Gassauer-Fleissner)
Austria: 4 Ob 41/15f, Supreme Court of Justice of Austria, 16 June 2015
January 13, 2016

The Supreme Court stated that decisions dismissing a request for a stay of proceedings that are within the discretion of the court can generally not be contested according to section 192(2) Austrian…

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