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UPC Updates: UK UPC Taskforce, Italy U-turn & the Belgian Challenge

IMG_8533-0IPcopy has received a further short update from the UK’s UPC taskforce on the state of play with the unitary patent and UPC. We also note below the updated position of Italy with respect to the unitary patent and the state of the Belgian challenge to the ratification of the UPC Agreement. (more…)

Patents and confidential information

Prior artPrevious posts in our “general introduction to IP” series have provided an overview of different Intellectual Property Rights and have taken a closer look at issues arising in the area of Copyright and Designs. In this article however we are going to take a look at patents, protecting your invention and confidential information. (more…)

Unitary patent renewal fees: revised proposal

IMG_8533A short while ago IPcopy reported on proposals from the EPO Select Committee in respect of the renewal fee levels for the unitary patent.

Readers may recall that the Select Committee proposed a unitary patent renewal fee structure comprising the EPO’s internal maintenance fees from years 2 to 5 (a new year 2 fee was proposed as part of the proposals), the renewal fees at a level equivalent to the sum of national renewal fees for years 10 and above and a bridging arrangement in years 6-9 between the amounts in the years 2 to 5 and 10+ regimes. Within this structure, two proposals were put forward, a TOP 4 proposal and a TOP 5 proposal (the latter of these having some concessions in the fees available for SMEs).

As reported elsewhere recently the EPO Select Committee has, following feedback, revised the unitary patent (UP) renewal fee proposals slightly. So, what’s changed? (more…)

Grace Periods: Patent Harmonisation report from UKIPO

The UKIPO website has published an interesting US and UK study on the subject of grace periods.

The report notes that around 30 countries in the world have a grace period (defined in the report as “A period of time, before a patent application for an invention is filed, in which the invention could be disclosed without its novelty being lost”) but that EPC states have no meaningful grace period to speak of.

A handy table summarising available grace periods around the world can be found in Annex 3 of the following report which is referenced in the UKIPO publication. (more…)

Who ya gonna call? (in case of Brexit)

IMG_8533-1Now that we’ve had the General Election in the UK and the Conservatives have returned to power on their own, it looks like we’ll be getting a referendum asking whether we should stay in the EU or leave (the “hokey-cokey” referendum).

Against this political backdrop IPcopy has become aware of half-heard rumours suggesting that the possibility of the UK exiting the EU could be used in the run-up to the referendum to suggest that UK based European Patent Attorneys are not a safe bet for patent applicants outside Europe. As the story goes, because the UK could be booted out of the EU, this would have some kind of knock on effect on the ability of UK-EPAs to represent effectively at the EPO.

IPcopy would like to point out to anyone that may have heard something similar that this is clearly a load of tosh. (more…)

UPC update from the UK’s UPC Taskforce (May 2015)

Unified patent courtFollowing the outcome of the UK’s General Election the UK’s UPC Taskforce has awoken from its period of Purdah to provide another update on all things UPC. So here for your digestion is the news: (more…)

UPC – Court fees and recoverable costs – some more detail

Unified patent courtThe UPC Court fees consultation was launched on 8 May 2015 and runs until midnight on 31 July 2015. Comments are requested, preferably in English, to secretariat@unified-patent-court.org.

The consultation provides for a mixture of fixed and value based fees. There are also two proposals for amendment of Rule 370 (Court fees) of the Rules of Procedure along with a table of fees and a scale of ceilings for recoverable costs. (more…)

UPC Court Fees Consultation Now Available

Unified patent courtAs mentioned yesterday, the UPC Preparatory Committee has now published the consultation on UPC court fees and recoverable costs. The consultation document is available here and the consultation runs until 31 July 2015 (midnight).

The UPC website offers the following further information: (more…)

UPC Court Fees Consultation launches 8 May 2015

IMG_8533-1The UPC Preparatory Committee met this week on 5 May (Turbo Tuesday) and the big piece of news from the meeting is that the consultation document in respect of for the court fees and recoverable costs for the Unified Patent Court is ready to launch. The written consultation will run from tomorrow 8 May 2015 for 12 weeks. This means that from tomorrow we should hopefully have some idea what the fee amounts in Rule 370 of the Rules of Procedure (see page 149-150) will look like. (more…)

Spain v the Unitary Patent – CJEU gives Unanimous Points Decision to the Unitary Patent System

IMG_8533Unless you’ve missed it somehow, INTA is on and the average patent attorney is probably feeling a little left out as emails and photos of the latest INTA party do the rounds. Well fear not patent attorney brethren because the unitary patent system has a lot going on today.

Yes, on a day that literally no-one (but me) is calling Turbo Tuesday, we can look forward to the CJEU’s judgments in C-146/13 and C-147/13 (Spain v the Unitary Patent: the rematch) and a packed Preparatory Committee meeting in which we expect the details surrounding the European Patent Litigators Certificate to be finalised and the consultation on the court fees for the Unified Patent Court to be given the go ahead.

The Spanish result is first up and while the judgments weren’t available at the time of writing available, a press release has been, well, released which dismisses both of Spain’s actions. [Update: the judgments are now available – C-146/13 and C-147/13] (more…)

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