Home » Articles posted by ipcopymark

Author Archives: ipcopymark

Road to nowhere? When EP patent applications are still pending over 20 years from filing

epologoA patent is a legal right enabling the owner to stop someone else making use of an invention. Once granted a patent will provide the owner the exclusive right to prevent others from making, using, selling, importing or distributing the patented invention without permission for a period of up to 20 years from filing (assuming the renewal fees continue to be paid).

So far so good, right? But what happens when a patent application doesn’t make it to grant within the period of 20 years from filing? What happens then? And why would you still want to prosecute a patent application for 20 years anyway? (more…)

Unitary Patent: AG to Spain “Bot says Not” (AG dismisses Spanish Challenges to Unitary Patent)

EU flagThe Advocate General’s opinions on the two Spanish actions (C-146/13, C-147/13) against the Unitary Patent Package were published today. A Press Release has also been published.

Long story short? Sorry Spain!*

*(At least as far as the Advocate General is concerned. The CJEU’s ruling on the matter will follow at some point and though it might seem likely that the Court will follow the AG, that isn’t necessarily so). (more…)

The unitary patent and double patenting – will the UK allow it?

GB+EU flagToday on IPcopy an issue that was raised during the recent consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law – Double Patenting. (more…)

Unitary patent: News Nuggets (November 2014, Part 2)

EU flagAs we approach Christmas we have some more updates on the progress towards the unitary patent package. This post incorporates information gleaned from the EPO Select Committee website, the Unified Patent Court website and also an information update from the UK’s UPC Taskforce. (more…)

Westminster Legal Policy Forum (The Future of Patent Law) – 16 October – Seminar Review

logo2wfpAs noted in a recent post IPcopy attended the Westminster Legal Policy Review seminar on 16 October. This post provides a summary of some of the issues raised and discussed at the seminar. For a more detailed review of Neil Feinson’s (IPO) discussion about UPC implementation please see IPcopy’s post here. (more…)

Copyright Works in Photographs: Photographing Buildings

the_shard

Moody Shard Shot

At a recent training seminar a colleague from Keltie and I presented an overview of patents, trade marks, designs and copyright to an audience of in-house lawyers. As I’m a patent attorney and my colleague is a trade mark attorney we were ready for any questions that could be thrown at us from the fields of patents, designs and trade marks. Copyright, not so much maybe. We obviously had the basics covered and knew the details of some recent cases like Meltwater. However, anything slightly off track could have the potential to cause problems.

Nothing like that would happen, would it? Enter Sod’s Law and a question about taking photographs of a building…. (more…)

UPC Agreement – 17th Draft of Rules of Procedure now published

Unified patent courtThe Preparatory Committee’s Unified Patent Court website has been updated today with details of the latest version of the Rules of Procedure (17th Draft) and the Oral Hearing to discuss those rules. (more…)

Unitary patent: News Nuggets (November 2014)

EU flagToday we have a few nuggets of unitary patent and UPC news from around the web. In the post below we have an update on the state of German ratification of the Unified Patent Court Agreement, a reference to the European Patent Litigation Certificate in IPReg’s UK patent attorney exam proposals and we also highlight a couple of recent articles on the Kluwer Patent Blog that discussed unitary patent renewal fee progress and the possibility of a pro-patent bias in the UPC. (more…)

Unitary Patent and the UPC: a talk by Neil Feinson at the Westminster Legal Policy Forum

logo2wfpI was fortunate enough to attend last week’s seminar of the Westminster Legal Policy Forum in London. An overview of the seminar will appear on IPcopy later. This post will instead focus on one of the keynote addresses given by Neil Feinson, Director of International Policy, IPO and UK Representative, UPC Preparatory Committee.

“A cross-border, public sector IT Project. What could possibly go wrong?” * (more…)

Unitary patent: AG’s Opinion (Spanish Challenges) Re-scheduled for November

Unified patent courtThe CJEU court diary has just been updated* to show that the Advocate General’s opinion relating to the Spanish challenges to the unitary patent package (in cases C-146/13 and C-147/13) is now scheduled for 18 November 2014.

An early Christmas present beckons for either Spain or the EPO…..

The CJEU court diary can be accessed here. Screengrab below. (more…)

Follow

Get every new post delivered to your Inbox.

Join 1,105 other followers