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Keltie LLP

K2 IP Limited

About IPcopy

IPcopy is an intellectual property related news site covering a wide variety of IP related news and issues. We will also take the odd lighthearted look at IP. Feel free to contact us via the details on the About Us page.

Disclaimer: Unless stated otherwise, the contributors to IPcopy (the "IPcopy writers") are patent and trade mark attorneys or patent and trade mark assistants at Keltie LLP or are network attorneys at K2 IP Limited. Guest contributors will be identified.

This news site is the personal site of the contributors and is not edited by the authors' employer in any way. From time to time however IPcopy may publish practice notes, legal updates and marketing news from Keltie LLP or K2 IP Limited. Any such posts will be clearly marked.

This news site is for information purposes only. Information posted to this news site is not legal advice and should not be taken as such. If you require IP related legal advice please contact your legal representative.

Archive

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…)

Trade Mark Case Review: A Tale of Two Skull Devices

HalloweenAs Halloween approaches IPcopy brings you a skull tingling tale of bad faith……. (more…)

New role of ISPs combatting trade mark infringement

DiamondFourteen 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…)

‘Expectation of Success’ as Part of Inventive Step Analysis

MyriadThis 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…)

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…)

Clarity referral to the Enlarged Board – the EPO issues a clarifying notice (G3/14)

epologoReferral G3/14, which relates to the issue of clarity objections in Opposition and Appeal Board proceedings, is currently pending before the EPO. As noted in an earlier IPcopy post the issues concerned are fairly fundamental and have the potential to impact many post grant proceedings via the possibility of the staying of proceedings.

The EPO has recently issued a Notice concerning the staying of proceedings due to the referral of G3/14. (more…)

An Overview of Biotech Patenting

MyriadThis 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…)

UPC Ratification Progress in the Czech Republic & the Polish Economic Report

EU flagBack 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.

The Kluwer Patent Blog is now also reporting that, in addition to the economic factors, there is an issue over the quality of machine translations into Czech. (more…)

Unitary patent: Spain stops play?

Unified patent courtOn 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…)

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