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…)
As Halloween approaches IPcopy brings you a skull tingling tale of bad faith……. (more…)
Fourteen years after the adoption of the Directive on Electronic Commerce of 8 June 2000, relating to the liability of the ISPs within the EU, the roles of ISPs have evolved significantly and they no longer work in a solely technical capacity.
In principle, ISPs do not have any say on the content matter, they are simply offering a technical service. This task has however become required across a much broader spectrum since the emergence of Web 2.0, as users now have more opportunity to post and retrieve content on an interactive level.
ISPs which are merely acting as hosts benefit from a special status on non-responsibility. However, the legal obligations of ISPs have increased and in addition to the normal rules of liability, International and European Law have imposed on ISPs obligations to act against trade mark infringement by cooperating with the trade mark owners and the authorities. (more…)
This is the second in a series of articles on biotech inventions (the first article can be found here). The present article discusses ‘expectation of success’ which is often considered as part of assessment of inventive step for biotech inventions and also in other life science areas such as pharmaceuticals. Whilst this article is written from the perspective of how the test is used at the European Patent Office (EPO) and in the UK Courts, ‘expectation of success’ is also applicable in other territories. (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…..
This is the first in a series of articles about biotech inventions. The articles will explore how Patent Offices deal with biotech inventions and how the demands of biotech research and financing impact on patent strategy.
The present article provides an overview of the issues that are relevant in patenting biotech inventions. (more…)
Back in July we reported that although there was a political will in the Czech Republic to ratify the Unified Patent Court Agreement, there was likely to be a delay until an economic impact assessment could be carried out. Such an assessment in turn could not happen until details of the renewal fees, court fees etc. were published.
On Monday we posted an update on the progress of the two actions before the CJEU from Spain in respect of the Unitary Patent Package (short summary: the Advocate General’s decision has been delayed). We subsequently received a notice from Dr Ingve Stjerna relating to his latest paper on the unitary patent (Regular readers will be aware that Dr Stjerna has written a number of articles on the unitary patent system which can be accessed here). (more…)