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Implementing the Unitary Patent provisions in the UK – the unclear scope of the software directive on UK patent infringement

GB+EU flagThe UK recently held a consultation relating to the implementation of the Unified Patent Court Agreement and the two unitary patent regulations into UK law. One of the suggested changes was the addition of some new defences to patent infringement in section 60(5) of the Patents Act. (more…)

Intellectual Property Act – Patents Opinions Service

Court (Small)The Intellectual Property Act 2014 received Royal Assent on 14 May 2014 and makes a number of changes to intellectual property (IP) law in the UK.  The provisions of the Intellectual Property Act start to come into force from 1 October 2014. In this post we take a look at the UKIPO’s Patents Opinions Service. (more…)

Unitary patent – Preparatory Committee Updates

Unified patent courtThe Preparatory Committee for the Unified Patent Court has updated their website to indicate that a number of experts have been invited to join an Expert Panel to provide informal advice to the various work streams that exist in the UPC roadmap. The UPC website has also been updated with a new roadmap.

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Intellectual Property Act – Patent Marking using web address

Greenwich Clock - marked with reference to patentee but lacking a patent number

Greenwich Clock – marked with reference to patentee but lacking a patent number

The Intellectual Property Act 2014 received Royal Assent on 14 May 2014 and makes a number of changes to intellectual property (IP) law in the UK.  The provisions of the Intellectual Property Act start to come into force from 1 October 2014. In this post we take a look at the issue of marking products with patent numbers, how the IP Act is impacting this issue and what the consequences of not clearly marking your products could be.

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Could an Independent Scotland damage the Unitary Patent System?

125px-Flag_of_Scotland.svgI wasn’t planning on writing again on the possible impact of the Scottish Referendum on intellectual property rights unless there was a “Yes” vote. The polls however seemed to have moved recently from “probably No” to “Dave? It’s squeaky bum time”. Additionally a couple of us here at IPcopy have wondered whether a “Yes” vote (i.e. a vote to break up the UK) might have a greater impact than previously thought on the Unitary Patent Package. Essentially, we’ve been considering a Scottish variant of the Malta problem which has previously been discussed on this blog – what I’m now going to refer to as the Scottish Situation. (more…)

IPcopy’s summer round up

spadesThe summer holiday period is coming to an end, the kids are heading back to school and for the first time in weeks there’s actually a full complement of co-workers in your office. IPcopy has been ticking away during the summer season and, just in case you weren’t checking our updates when you were on the beach, here’s a round-up of our posts from mid July through August.

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Unitary patent: News nuggets (August 2014)

EU flagThings in unitary patent preparation land are beginning to slow down a little as we head into the summer season. Things will no doubt pick up again in the autumn but in the meantime here’s some nuggets of news to keep you going. (more…)

EPO – Rules relating to Unitary Patent Protection

EU flagThe EPO Select Committee approved the Rules relating to unitary patent protection on 24 June. A copy of these rules has appeared online and is discussed below.

During a session of the recent “Unitary patent and Unified patent court” seminar held in Paris, Jerome Debrulle (Chair EPO Select Committee) indicated that the Select Committee had approved the rules that will be used to administer the unitary patent. IPcopy had not seen a copy of these rules at the time of our conference review post but now, thanks to reader Hans van Tongeren, we have been pointed towards what appears to be the latest version of the rules, which can be found on the Bristows website here.

The EPO’s rules document runs to over 80 pages and there is also a 40+ page Annex which highlights the changes from the previous version of the rules. An overview of the structure of the rules document is provided below along with some “highlights” from the rules themselves.

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USPTO starts lobbing rejections from Room 101 (is this the post-Alice situation?)

Court (Small)Are USPTO Examiners beginning to issue blanket “Alice” objections against software patent applications? How should such patent applications be presented? How might this develop going forward? And, what should we be doing (if anything) to address it?

An eagle-eyed colleague here at Keltie (thank you Peter Kent) spotted a discussion online last week that suggested that, in the wake of the Alice v CLS Bank decision from the Supremes,  Examiners at the USPTO might be beginning to issue blanket objections under 35 U.S.C. 101 to patent applications containing software-implemented inventions.

IPcopy reached out to William Jividen at Dinsmore & Shohl LLP in the US to see if this was the case. The discussion below has been distilled from Bill’s comments and other comments seen online. Any mistakes or inaccuracies may be attributed solely to me!

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Unitary patent system & EPO strikes – answers from the European Parliament

EU flagBack in June IPcopy noted that there were three questions pending in front of the European Parliament from Marc Tarabella (Member of the European Parliament – see his biography here) that related to the unitary patent system. There was also a fourth question regarding relations between the EPO and the EU from another Member of the EU Parliament.

Answers to these questions were recently posted and are highlighted below.

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