We are ready, are you? The ‘last steps’ towards the introduction of the Unitary Patent (UP) system were a recurring theme on the first day of the Unitary Patent Package Conference in Amsterdam. A …
In finding that all of the claims of Cutsforth’s U.S. Patent No. 7,990,018 (“the ’018 patent”) were obvious in light of the prior art, the Patent Trial and Appeal Board erred in failing to explain…
An EPO board considered the burden of proof of public prior use when the invention had been publicly visible only for a short period of time. The Board required proof beyond a reasonable doubt that a…
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…
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…
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…
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…
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…
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…
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…