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Kluwer Patent blogger
Slovenia ratifies PPA and Unifed Patent Court Agreement
October 19, 2021

Slovenia has deposited its instrument of ratification for the Protocol on the Provisional Application of Unified Patent Court Agreement and the UPCA itself.  According to a message of the UPC…

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Kevin M. Finson (Wolters Kluwer Legal & Regulatory US)
Patent case: In re Juniper Networks Inc., USA
October 13, 2021

The Wako federal district court abused its discretion in fining that The Western District of Texas was a more convenient form that the Northern District of California. The federal district court in…

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Bart van Wezenbeek (Hoffmann Eitle)
Patent case: Sisvel Int. S.A. vs. Shenzhen Tinno and Wiko SAS, Netherlands
October 08, 2021

In a new chapter of the ongoing saga of Sisvel’s 4G patents against (mainly Chinese) infringers, the present interlocutory decision shows that the procedural attitude of a defendant (in the present…

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Simon Holzer (MLL Legal Ltd.), Louisa Galbraith (Meyerlustenberger Lachenal Ltd. (MLL))
Question of fact or law – court sheds light on longstanding issue in Swiss patent law, or doesn't it?
October 05, 2021

In a recent decision, the Swiss Federal Supreme Court – Switzerland's highest court also in patent matters – dealt with the question of whether the assessment of patent claims is fundamentally a…

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Kluwer Patent blogger
ILOAT cases: EPO repays excessive strike deductions, tensions remain
October 01, 2021

Two months after a series of ILOAT judgments stating that former EPO president Benoit Battistelli abused his power by implementing new rules to restrict the rights of staff members to strike in 2013…

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Naho Ebata, Mami Hino (Abe, Ikubo & Katayama)
A Japanese version Amicus Brief system will be introduced in spring 2022
September 30, 2021

On 14 September 2021, the Japan Patent Office (JPO) announced that most of the amendments to the Patent Act and other intellectual property laws, which were promulgated on 21 May 2021, will come into…

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Kluwer Patent blogger
Germany and Slovenia ratify Protocol on Provisional Application Unified Patent Court
September 28, 2021

Germany and Slovenia have ratified the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement.  According to a report of the UPC Preparatory Committee, the German…

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Nick Michelmore, Katie Cambrook (Bristows)
Patenting AI inventions in the UK
September 28, 2021

Can an artificial intelligence (“AI”) machine be an inventor and can the machine’s owner apply for a patent? These were two of the key questions which the Court of Appeal grappled with in Thaler v…

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Matthieu Dhenne (Dhenne Avocats)
AI as an inventor: when patent law is locked up in modern times mythology (a brief history of the inventor notion)
September 28, 2021

Two recent decisions in South Africa and Australia have accepted the fanciful thesis that an AI could be an inventor. I have no intention of commenting these decisions here, I simply want to try to…

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Miquel Montañá (Clifford Chance)
Don't try to find in your usual dictionary what the terms of the claim mean
September 27, 2021

In our blog of 27 August 2021, we explained that the Barcelona Appeal Court (Section 15), in a very interesting Ruling of 16 October 2020, decided that the claims as amended before the EPO Boards of…

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