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Kluwer Patent blogger
Italy ratifies the Unified Patent Court Agreement
February 11, 2017

Italy has ratified the Unified Patent Court Agreement. It is the 12th member state of the Unitary Patent project to do so. The instrument of ratification, the formal final step in the procedure, was…

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Kluwer Patent blogger
It will only take 15 to 60 seconds to opt out of the Unified Patent Court. Or more?
February 11, 2017

No more than 15 to 60 seconds. That’s the time it will take to opt out a patent from the jurisdiction of the Unified Patent Court, once the so-called sunrise period of the Court has started on 1…

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Hui Zhang  (Baker & McKenzie) , Jiao Yuxin , Dani Min  (ZY Partners)
Be careful with post-filing experimental data
February 10, 2017

A positive view is spreading on post-filing experimental data in China since the recent official post of the proposed revisions to the Guidelines for Patent Examination (the “Guidelines”) by the…

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Kluwer Patent blogger
UK will ratify UPCA in March and has political will to stay in Unitary Patent system post-Brexit
February 09, 2017

The UK will ratify the Unified Patent Court Agreement (UPCA) in March, most likely before the Brexit article 50 is triggered. German will be ready to ratify soon as well, but will delay the official…

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Miquel Montañá  (Clifford Chance)
The CJEU decides that punitive damages are not contrary to Directive 2004/48
February 06, 2017

On 25 January 2017, the CJEU handed down a very interesting judgment in case C-367/15, concluding that Article 13 of Directive EC 2004/48 (better known as "the Enforcement Directive") does not…

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Luke McDonagh  (London School of Economics)
What future for UK UPC participation and EU innovation policy post-Brexit?
February 03, 2017

One of the most pressing questions that remains unresolved regarding Brexit and IP concerns a centrepiece of EU innovation policy – namely, the ongoing process for setting up a single unitary patent…

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Kluwer Patent blogger
‘Seat central division Unified Patent Court cannot be outside EU’
February 02, 2017

Even if a way is found to keep the United Kingdom in the Unitary Patent system after the Brexit, it is hard to believe London can keep its seat of the central division of the Unified Patent Court.…

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Brian Cordery  (Bristows)
Christmas Quiz on Second Medical Use – the Results are in
January 27, 2017

Sincere thanks to all readers who completed the Christmas Quiz and congratulations to Katerina Schneiderova who, along with 4 others, answered 9 questions correctly.  Katerina – the Kluwer team will…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: Wärmetauscher, Federal Court of Justice of Germany, X ZR 114/13, 10 May 2016
January 25, 2017

In this case the FCJ expanded on earlier case law regarding claim construction, in particular how a term used in the claim language should be interpreted in light of the specification and the entire…

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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Trading Technologies International v. CQG, Inc, United States Court of Appeals, Federal Circuit, No. 2016-1616, 18 January 2017
January 25, 2017

Two patents directed to a method for the electronic trading of stocks, bonds, futures, and options asserted by Trading Technologies International (TTI) against the CQG companies were not directed to…

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