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Unitary patent and UPC news round-up

IMG_8533-1Here’s a selection of unitary patent and UPC flavoured news items that we’ve seen in the last few weeks:

Opt out fee

The regulations and agreements surrounding the unitary patent package have been picked over many times which has resulted in discussions about “hard coded bifurcation“, the Malta problem and just what the “exclusive competence” of the UPC means. To add to that list we now have the question: “Just what is the legal basis for the opt out fee?”  (more…)

UPC Update: UK UPC Taskforce (July 2015)

IMG_8533Another of our semi regular updates on the progress of the unitary patent and UPC.  (more…)

UPC Court Fees Consultation Event – the Q&A

IMG_8533-1Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. Earlier this week IPcopy posted our notes on the event. Today we have some further notes gleaned from the Q&A session that followed the main event. (more…)

UPC Court Fees Consultation London Event (CIPA/IPO/IP Federation)

IMG_8533-1Last week saw the London meeting of the joint CIPA/IPO/IP Federation event relating to the consultation on court fees for the Unified Patent Court. What follows below are IPcopy’s notes on the event and consultation.

If you are planning on submitting a response to the consultation then you have until midnight 31 July 2015. The consultation document can be found here. Anyone who missed the consultation can take advantage of the video recording of the event here to review what was said. (more…)

Spiderman, Spiderman, Does whatever a spider can (IP – Hit or Miss?)

spidermanThe Supreme Court of the United States has handed down its decision in Kimble v Marvel Entertainment LLC on the issue of whether to overrule an earlier decision that held that patentees cannot receive royalties for sales made after the patent expires.

The short summary to this decision was that in SCOTUS’ view the court should adhere to the decision of Brulotte in which a post-patent royalty provision was regarded as “unlawful per se”. So, a victory for Marvel since they won’t have to continue making royalty payments to Stephen Kimble who came up with the idea behind the invention at the centre of the case.

What makes this decision a little more interesting however is that the case involved a Spider-man toy (in particular a “web-slinger” glove that allows its wearer to shot foam webs from their hands, the Web Blaster Spider-Man toy) and the judge (Justice Kagan) was clearly (i) a bit of a superhero nerd and (ii) having some fun in the decision. (more…)

UPC Update: UK UPC Taskforce (June 2015, part 2)

IMG_8533Another week, another UPC related update from the good folks at the UKIPO plus a short update on the unitary patent fee proposal from the EPO. (more…)

Who Owns the Patent? Top Tip from a TM attorney

Question MarkToday we have a little tip for anyone who has run into difficulties locating a patent or patent application that is mentioned in the context of a product being marketed under the words “patent pending”, “patented” or similar. Sometimes it is easy to locate the patent property in question because, for example, the company offering the product/service is also the patent owner. Sometimes however it can be difficult to find the correct patent property.

This may be because the company in question owns thousands of patents and patent applications (good luck for example identifying all the patent filings made in relation to the Apple Watch). However, in some cases this is because the company selling the “patented” product/service is not the patent owner.

Perhaps the patent/patent application is held by a different company in the same company group or perhaps the inventors own the patents. In such circumstances what else can be done to try and locate the patent/patent application in question? (more…)

Keltie Events: London Tech Week; 3D printing & Design Workshops for In-house Counsel

Keltie signKeltie Events in June and July. Keltie LLP is pleased to be hosting a number of events over the next few weeks at our new offices at No. 1 London Bridge. Further details are below regarding (i) IP Clinics for London Technology Week; (ii) a 3D printing workshop for in-house counsel; and (iii) a Designs workshop for in-house counsel. (more…)

Celebrity Endorsements – I’ve got a George Foreman Grill

George Foreman Grill

A George Foreman Grill

What’s the weirdest technology/IP related celebrity endorsement you’ve seen? This was the question that popped into IPcopy’s mind this morning when one of our work proximity associates messaged us from their holiday in San Francisco to tell us they’d seen an advert on TV of George Foreman promoting an inventor service company (advert below). (more…)

UPC Update: UK UPC Taskforce (June 2015)

IMG_8533-0Unitary patent and UPC related progress continues to creep forward and the UKIPO has issued another of its regular updates. Once again there’s no major news but some smaller updates ….. (more…)

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