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Frits Michiels  (V.O.)
EPO: T 1376/1, European Patent Office, Board of Appeal, 26 January 2016
January 25, 2017

The Board of Appeal decided that the invention was not sufficiently disclosed, as no seeds had been deposited and a skilled person could not obtain the claimed plants on the basis of the information…

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Kluwer Patent blogger
Dutch Supreme Court upholds immunity EPO in conflict with trade unions
January 20, 2017

The European Patent Office can invoke its immunity from jurisdiction of Dutch courts in its conflict with the EPO trade unions SUEPO and VEOB. The highest court in The Netherlands, the Hoge Raad, has…

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Kluwer Patent blogger
‘The Unitary Patent system has become an emergency patchwork’
January 17, 2017

Since the UK announced it wants to ratify the Unified Patent Court Agreement despite the Brexit vote (last week the new IP minister of the UK, Jo Johnson, repeated the announcement of his predecessor…

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Brian Cordery  (Bristows)
Arnold J refers question to the CJEU on Article 3(d) of the SPC Regulation and calls for clarifications on past CJEU jurisprudence
January 16, 2017

by Steven Willis In a judgment handed down at the end of last week, Arnold J has indicated his intention to make a reference to the CJEU concerning the interpretation of Article 3(d) of the SPC…

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Kluwer Patent blogger
Unified Patent Court will become operational in December 2017
January 16, 2017

The Preparatory Committee for the Unified Patent Court (UPC) expects the court to become operational in December of this year, with the Provisional Application Phase (PAP) starting by the end of…

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Jochen Buehling  (Krieger Mes Graf & v. der Groeben)
Germany: V-förmige Führungsanordnung, Federal Court of Justice of Germany, X ZR 76/14, 23 August 2016
January 11, 2017

In this case the FCJ dealt with the prerequisites for equivalent infringement. In particular it gave further guidance in relation to the so-called “3rd Schneidmesser question” which concerns the…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Sonix Technology Company, Ltd. v. Publications International, Ltd, 5 January 2017
January 11, 2017

A federal district court erred in ruling that 34 claims of a patent on a system and method of using a graphical indicator were invalid as indefinite, the U.S. Court of Appeals for the Federal Circuit…

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Lars de Haas  (V.O.)
EPO: T 1689/12, European Patent Office, Board of Appeal, 5 October 2016
January 11, 2017

Although it did not admit a broader claim 1, an EPO board of appeal allowed an auxiliary request wherein claim 1 as granted was replaced by a combination of independent claims from different first…

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Kluwer Patent blogger
2017: Finally the final steps towards the Unitary Patent system?
January 10, 2017

Will 2017 be the year that the Unitary Patent system sees the light of day? A year ago the general expectation was for the system to fully launch this spring, with a provisional period starting late…

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Miquel Montañá  (Clifford Chance)
Patent judges of Barcelona prepare for the 2017 Mobile World Congress
January 09, 2017

The Mobile World Congress ("MWC") is one of the largest trade events taking place in Barcelona. Due to its importance, all relevant institutions, including regional and local governments, do their…

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