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Rob Rodrigues (RNA Law), Fernanda Pimentel, Rafaella Oliveira (Licks Attorneys)
Post-filing experimental evidence: how to obtain patents in Brazil?
June 15, 2022

The Brazilian Patent Office (BRPTO) is improving its examination procedure, trying to reduce the backlog. As more decisions are issued, we are learning about the approach of the examiners to…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
JPO publishes the Status Report 2022
June 10, 2022

Every year the Japan Patent Office (JPO) publishes a status report in spring, and this year’s report (the “Status Report 2022”) was published on March 30, 2022. The Status Report 2022 contains…

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Linda O'Brien (Wolters Kluwer Legal & Regulatory US)
Patent case: Ethicon LLC v. Intuitive Surgical, Inc., USA
June 09, 2022

Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Kerr Corp. vs. RPE GmbH, EPO
June 02, 2022

The present case relates to the admittance of a new ground for opposition which was raised during the oral proceedings before the opposition division but had deliberately not been decided upon by the…

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Gabriel Di Blasi, Pedro de Abreu M. Campos (Di Blasi, Parente & Associates)
Why Telecom Companies Must Push The Brazilian Parliament And Courts Towards Progress
May 31, 2022

In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each…

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Krystyna Szczepanowska-Kozlowska (Allen & Overy)
Patent case: Judgment of the Polish Supreme Court, II PK 173/19, Poland
May 25, 2022

The judgment addresses the question of whether an employee’s right to additional remuneration from the employer for use of an invention they created depends on whether the employer obtained a patent…

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Kluwer Patent blogger
'Dedicated tribunal could help settle labour disputes at the European Patent Office'
May 23, 2022

The creation of a dedicated administrative tribunal could be a way to improve the settlement of labour disputes at the European Patent Office. Eric De Brabandere, professor of international dispute…

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Miquel Montañá (Clifford Chance)
UPC: A reply to those who, with the help of a crystal ball, have questioned the arguments as to why the PPA is not legally in force
May 19, 2022

Our last blog entry, UPC: four reasons on why the PPA is not legally in force, published on 21 April 2022, seems to have touched a nerve, as attested by the unprecedented number of comments received…

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Christopher Dumont (Crowell)
Restoration of priority rights under scrutiny
May 18, 2022

1. Introduction In an important decision of February 8, 2022 the Brussels Dutch Court of Enterprises (hereafter the “Court of Enterprises”) declared null and void a patent on an “apparatus, system…

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Kluwer Patent blogger
Silence at the EPO after angry outburst president António Campinos
May 17, 2022

The industrial actions at the European Patent Office, which were organised by trade union SUEPO with the support of the Central Staff Committee (CSC), go into their fourth month next week. The main…

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