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Kluwer Patent blogger
Kevin Mooney: Provisional period of the Unified Patent Court could start in January 2016
May 02, 2015

January 2016: start of the so-called provisional period. October 2016: first cases taken. That may be a realistic timetable for the future Unified Patent Court, according to Kevin Mooney, chairman of…

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Brian Cordery (Bristows)
Pre-action Disclosure: Transparency is a virtue
May 01, 2015

On 28 April 2015, Mr Justice Arnold handed down judgment in relation to an unprecedented application for Pre-Action Disclosure from a patentee. The applicant, The Big Bus Company Limited (“Big Bus”)…

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Miquel Montañá (Clifford Chance)
Spanish amendments to the draft new Patents Act: will Spain have rickshaws instead of cars in the streets?
April 30, 2015

In September of 2013, the Spanish Patents and Trademarks Office ("SPTO") published a draft Patents Act aimed at modernising the old Act 11/1986, of 20 March, on Patents, which is close to celebrating…

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Katie Rooth (Bristows)
UK: Actavis Group PTC EHF v. Pharmacia LLC, High Court of England and Wales, Chancery Division, Patents Court, HP14A01503, 11 July 2014
April 30, 2015

The English High Court (Arnold J.) has granted an application for a stay of the UK High Court proceedings to revoke the UK designation of an EP patent pending the outcome of opposition proceedings at…

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Lars de Haas (V.O.)
EPO: T236/12, European Patent Office (EPO), Board of Appeal, 05291183.1, 14 November 2014
April 30, 2015

During examination poor quality drawings had been replaced by drawings that made more details visible. The opponent argued that replacement of these drawings by the original drawings, to overcome…

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Benjamin Bai (King & Wood Mallesons)
The tension between competition law and IP rights in China: What IP rights holders should know
April 27, 2015

By Charles Pommiès, François Renard, Jie Tong, and Benjamin Bai Speed read In April 2015, China’s SAIC released its long-awaited guidelines on curbing abuses of intellectual property rights (“IPRs…

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EU parliament
Kluwer Patent blogger
"Innovation, not the income of national patent offices must be key factor in Unitary Patent renewal fee level"
April 24, 2015

Cost reductions obtained by introducing the Unitary Patent package should not be nullified by the setting of renewal fees at a high level. This would amount to the patent offices ‘clawing back’ the…

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Courtenay C. Brinckerhoff (Foley&Lardner LLP)
Measuring And Improving U.S. Patent Quality
April 23, 2015

On February 5, 2015, the USPTO announced the launch of an Enhanced Patent Quality Initiative and solicited public comments on certain proposals aimed at improving patent quality, which are due by May…

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Miquel Montañá (Clifford Chance)
The Applicable Law in the UPC: Some Reflections sparked by the OCR
April 20, 2015

The OCR ("Old Combination Room") at Christ College is a lovely, warm and inspiring pine-paneled room located at the heart of one of the most traditional colleges at Cambridge University. For many…

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Jochen Buehling (Krieger Mes Graf & v. der Groeben)
Germany: Analog-Digital-Wandler, Federal Patent Court of Germany, X ZR 2/13, 27 May 2014
April 16, 2015

The FCJ held that the Defendant in a nullity action is only required to prepare an auxiliary request following the preliminary opinion of the Federal Patent Court which takes those aspects into…

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