A 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…)
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…)
As 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…)
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…)
Today 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…)
I 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…)
The 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…..