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Where do IP related risks originate?

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(Photo: Ged Carroll – Flickr/https://creativecommons.org/licenses/by/2.0/)

By its very nature, there are both rewards and risks associated with intellectual property (IP). Risk is the chance of something going wrong, and the danger that damage or loss will occur. Risk management is the process of analyzing exposure to risk and determining how best to then handle such exposure.

Of course, not all IP risks are the same and they may be broken down into a variety of different categories. One such category is ‘origin’ namely identifying from where the IP related risk comes. (more…)

UPC Taskforce Update: January 2016

IMG_8533-1The update messages from the UK’s UPC Taskforce have started up again after the recent holiday break and we have the first update of what promises to be a fairly busy year.

Preparatory Committee – the next meeting for the Prep Committee is scheduled for this month and the agenda is scheduled to cover some significant items including: judicial salaries, Registry rules, arbitration and the final proposal for the court fees. (Will there be any changes to the level of the opt-out fee? It will be interesting to see the updated proposal in due course.) The Rules of Procedure will require some minor tweaking to incorporate the court fees and also admin errors in the  opt-out process and the Rules are due to come before the Prep Committee in April. (more…)

David Keltie: a celebration of his life

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It has been truly humbling, and deeply comforting, to have been inundated with so many lovely messages since we announced the passing of our beloved friend and colleague David Keltie. We appreciate each and every kind word.

A service in celebration of David’s wonderful life will take place in Southwark Cathedral at 3:30pm on Thursday 10 March. The service will be followed by a drinks reception.

As space and therefore numbers will be limited, we ask those who would like to attend to let us know as soon as possible please, by email to celebration@keltie.com. Further details of the event will be emailed to attendees in due course.

We look forward to sharing happy memories of David with the many people who loved him.

 

In his final weeks, David was cared for at the Marie Curie Hospice in Hampstead, London. Donations in David’s memory will help the Hospice to continue its wonderful work.

David Keltie 1938-2016

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I want to create something amazing” isn’t a phrase that one expects to hear from an equity partner in an IP firm approaching his fiftieth birthday. But David Keltie loathed the idea of accumulating money simply to retire. His motto was that the older you get, the more risks you should take.

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A sad announcement from Keltie

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We are heartbroken to announce that our beloved friend and colleague David Keltie passed away on 6 January 2016 after a long illness, so bravely borne. May he rest in peace.

There will be a public celebration of David’s wonderful life in the coming weeks. Details of this and other tributes to David will be posted on our website and on our IPcopy blog soon.

Donations in David’s memory may be made to the Marie Curie Hospice in Hampstead, London.

 

Trade Secrets

OLYMPUS DIGITAL CAMERAA trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information which is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors or customers. The scope of trade secrets is virtually unlimited. (more…)

IP licensing

AgreementWhat is an IP licence?

An IP licence in its simplest form is an agreement where an IP owner (the Licensor) permits another person (the Licensee) to engage in activities that, in the absence of the IP Licence Agreement, would infringe the Licensor’s legal rights attaching to the IP. In return the Licensee pays the Licensor a fee or confers some other benefit. It is a written agreement that gives rights to do something that would otherwise be an infringement of the IP rights of someone else.

A typical case may involve the Licensor granting the Licensee the right to make and sell patented product perhaps worldwide and for the life of the patent(s). The Licensee agrees to pay the Licensor a royalty, defined as a percentage of Net Sales Value. The Licensor agrees not to make or sell patented product itself nor permit any 3rd Party to do so. (more…)

Avoid jointly owned intellectual property like the plague

ICONS_icon-teamNot all the smart people work for you

Traditionally, internal innovation was the paradigm in which most companies operated. Most innovating companies kept their discoveries highly secret and made no attempt to assimilate information from outside their own research and development laboratories. This was driven by the belief that “the smart people in our field work for us”. However, in recent years the world has seen major advances in technology and society, changes which have facilitated the diffusion of information. Companies have also come to realise that “not all the smart people work for us, and that we need to work with smart people inside and outside our company”. (more…)

Invention harvesting

HarvestTo invent:

To invent means to produce or contrive something previously unknown by the use of ingenuity or imagination. An inventor is therefore someone who invents, someone who devises some new process, appliance, machine, or article. When a new product appears, the person who first thought of it, and who first defined what the product should be, is recognised as the inventor. While many people may be involved in building the product and bringing it to market, the innovator is the person who provided the original idea that helped to define and shape the product.

Inventive ideas can take many forms. They can be disruptive, transformative, radical, breakthrough, incremental or step improvement in nature. They can be product, service, process or business model related. (more…)

EPO putting applications in the renewal grace period on hold?

epologoThe EPO apparently has a new internal procedure that debuted at some point in the last year which applies when a European patent application enters the six-month grace period for payment of an overdue renewal fee.  Once this happens the case file is apparently put on hold so that the Examiner is unable to work on it until the renewal fee has been paid.

IPcopy has heard that a colleague recently tried to briefly discuss a case with an Examiner to see if the claims looked in good shape from the Examiner’s point of view and also when the next exam report might issue. However the case in question was in the grace period for the renewal payment and so the Examiner was prevented from even opening the file to answer what were relatively basic questions. (more…)

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