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Italy has now joined the unitary patent

IMG_8533-0As previously reported Italy had formally requested to join the unitary patent. We’ve now heard (thanks to ipcopyreader Giuseppe Colucci) that Italy’s request to join the system has now been processed and Italy has become the 26th member of the enhanced cooperation group on unitary patent protection (Spain and Croatia are the two EU countries missing from the club). (more…)

Whose patent is it anyway? (ORoPO)

oropoThe statement: “We just want to look into the ownership of company X’s patents and then maybe assign them over after the deal” seems fairly innocuous. But, anyone who has ever worked through a due diligence exercise or even just been asked to assign a few IP assets from A to B knows that IP ownership can get difficult quickly.

One particular issue is whether it’s possible to trust the public record. Is the IP asset owned by company A or did they assign it away at some point in the past to company C who just hasn’t gotten round to updating the register?

This potential lack of accuracy in patent records is now being addressed by the ORoPO project which is a free and open register of patent ownership. (more…)

Unitary patent and UPC update – September 2015 (Part Two)

IMG_8533-1Here’s another brief update on all things Unitary patent/UPC.

UK UPC Taskforce

The UK’s UPC Taskforce issued another status update last week. The next Preparatory Committee meeting is scheduled for 19 October.

The Expert Panel of the Preparatory Committee have had a presentation on the IT system and there has also been discussion of the feedback from the court fee consultation. It is also noted that a Code of Conduct is being developed for representatives and proposals for this are being developed with representatives from EPLAW, EPLIT and epi. (more…)

European Patent Litigation Certificate – the Preparatory Committee’s proposal

IMG_8533-1As highlighted in our post earlier this week the Preparatory Committee’s proposal for the rules for the European Patent Litigation Certificate were agreed at its early September meeting. These rules have now been published (here) along with an Explanatory memo (here). IPcopy has generated a tracked changes version of the latest proposal showing the changes to the rules since the consultation document (tracked changes document here).

As noted below (and in CIPA’s note sent yesterday to the profession) the proposal as agreed by the Preparatory Committee represents a great deal for the UK patent profession and a huge pat on the back is due to those at CIPA, the UKIPO and elsewhere for their efforts on this front. Based on some of the responses received to the consultation IPcopy can only presume that the CCBE and the IPLA aren’t quite so enamoured with the proposal…..hey ho. (more…)

Unitary patent and UPC Update – September 2015

IMG_8533-1Summer seems to be drawing to a close so it’s probably time to put the mankini away again for another year. Fear not however because we have the first post-beach update on the unitary patent and the UPC. Covered below are brief updates on Italy in the unitary patent, feedback from the UPC fees consultation, the UPC in London and highlights from the most recent update from the UK’s UPC Taskforce (including news on the EPLC). (more…)

Unitary Patent Package – The Ratification Game (Portugal completes its ratification formalities)

EU shirt2Update (1 September 2015)

According to the website of the Council of the European Union, Portugal has now deposited its instrument of ratification (on 28 August 2015) to become the eighth country to complete its ratification formalities. Portugal joins Luxembourg, Malta, Denmark, Belgium, Sweden, France and Austria as one of the eight countries who have completed their ratification processes.

Regular readers will recall that we noted last month that Portugal had ratified the UPC Agreement but had not deposited its instrument of ratification in Brussels.  Now that Portugal has completed all of the formalities we have updated our ratification infographic (for an answer to the question “What’s up with this infographic?“, please see the bottom of the post!”).

ratification August 2015


US caselaw – countering an obvious combination objection

USWe’ve all been there. The Office Action for your client’s latest US patent application contains an inventive step objection based on the combination of two documents. The documents together appear to be relevant to your main claim but the client swears blind that the documents would never be combined to arrive at the invention. What do you do? How can you argue against such a combination of prior art. Well, here is a brief compilation of relevant US cases bearing on the obviousness of combinations*. (more…)

Portugal ratifies the UPC Agreement

IMG_8533From IPcopy reader Gonçalo Paiva e Sousa comes news that the Portuguese president has apparently ratified the UPC Agreement.

Gonçalo’s comment in full reads:

“The Portuguese president has ratified the UPC Agreement, after the parliament approval. It is now official that Portugal has ratified the Unitary Patent Court Agreement – Presidential Decree n.º 90/2015 dated August 6, 2015.”

The text of the announcement can be found here. (more…)

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…)


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