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London Tech Week 2015 – Free IP clinics: Inventions, branding & design protection advice

London tech week 2015London Technology week, “a hotbed of tech innovation, business successes, entrepreneurship and creative talent”, is back this year from 15 June. Following our popular Intellectual Property clinics last year, Keltie will again be offering a series of face-to-face clinic sessions throughout the whole week to provide personalised advice on protecting your inventions, ideas, branding and designs. The clinic sessions are free of charge and last around 45 minutes. (more…)

General Election 2015: What do the parties say about IP? (IP – Hit or miss?)

SONY DSCStill on the fence about the general election? Well, fear not as IPcopy is here to give you a run down on the most important policy area of them all. Yes, it’s time to look at what the parties have got to say about Intellectual Property.

Rather than subject ourselves to having to read the manifestos of the various parties (we’re not masochists you know), IPcopy has located PDF copies of the manifestos for the Conservatives, Labour, the Liberal Democrats, UKIP, Plaid Cymru, the Green Party and the SNP and has performed a word search for any of the following terms: patent, trade mark (or trademark), design (IP related design references only), copyright, intellectual property.

So, here we go…. (more…)

UPC updates: Judgment Day for Spain & confusing communications from the EU Commission

IMG_8533-0A couple of unitary patent snippets today comprising news of Judgment Day in the CJEU for Spain and a confusing European Commission communication. (more…)

UPC Update: UK Purdah and a Belgian challenge

IMG_8533-1The UK election is on its way (in case you hadn’t noticed) and while Dave, Ed, Nick and Nigel battle it out, UK government civil servants are now in the period of purdah. During purdah, which is the period between the calling of a General Election and the General Election, rules apply which limit what can be said and done in public by civil servants to ensure they are impartial during the election process. As a result the UK UPC Taskforce is likely to be fairly quiet until after 7 May 2015.

Before they went into this period of restricted communication however, the UK UPC Taskforce issued another UPC update, the main points of which are noted below. Also highlighted below is a challenge against the ratification of the UPC Agreement in Belgium (Note: Belgium ratified the UPC agreement on 6 June 2014). (more…)

The UPC and Patent Litigation at the High Court and the IPEC

stacked-booksPublished recently on the UKIPO website is a report examining the number of patent cases at both the UK High Court and the Intellectual Property Enterprise Court in the period 2007-2013.

The High Court and IPEC of course both currently have jurisdictions over matters relating to UK patents granted by the UKIPO and EP patents validated in the UK. The introduction of the Unified Patent Court may impact the number of EP(UK) patents that are handled by these two venues and the UKIPO report attempts to quantify the number of cases that have been filed at the High Court and IPEC.  (more…)

US Patents – Eligible Subject Matter – Top Tips for Prosecution (Finnegan Review Seminar)

stacked-booksOne of the sessions at the recent Finnegan Patent Case Law covered the issue of patent eligible subject matter and the recent Interim Guidelines for Examination at the USPTO (more detail on which can be found in IPcopy’s earlier post here).

The session again highlighted the divergence in two of the Interim Guidelines examples between what might be expected in Europe and the position stated in the Guidelines (see Examples 2 and 5 in the previous IPcopy post). Also discussed in this session were some top tips to bear in mind when prosecuting software subject matter in the US. (more…)

Unitary patent: Responses to the UK’s call for evidence

IMG_8533-1Back in the summer last year the UKIPO ran a consultation looking at the implementation of the unitary patent and unified patent court into UK law. Although the UKIPO is still processing the comments, a summary of the various responses received has been published (see here). (more…)

UPC Ratification: Mini update – Luxembourg

IMG_8533-0A number of sources are reporting that Luxembourg has ratified the Unified Patent Court Agreement. The proceedings in the Luxembourg Chamber of Deputies can be seen here. Although Luxembourg has ratified the UPC Agreement it has not, as of 26 March 2015 and according to the official EU Council UPC page, deposited its instrument of ratification in Brussels (so no update to IPcopy’s Ratification Game post just yet!).

Luxembourg is the seventh country to ratify after Austria, Belgium, Denmark, France, Malta and Sweden. The ratification session in the Chamber of Deputies also apparently confirmed that Luxembourg does not intend to create a local division (or presumably take part in a regional division). Actions that could have been been otherwise brought in Luxembourg will have to go the central division (Paris, London or Munich) instead.

Mark Richardson 26 March 2015

EPO & Added Matter: Board of Appeal pooh-poohs Examination Guideline Update

epologoThe EPO’s Guidelines for Examination were updated in November last year. Section H-IV, 2.3 covers the general rules for assessing amendments for conformity with Article 123(2) EPC. Following general grumbles that the EPO was becoming a bit too strict when assessing whether amendments comprised added matter, section H-IV, 2.3 was updated to say that literal support is not required (based on T667/08) and that an added matter assessment which “disproportionally focusses on the structure of the claims” should be avoided (this position being taken from T2619/11).

However, a recent Board of Appeal decision, T1363/12, that was published shortly after the Exam Guidelines update, has reaffirmed the “gold standard” test in G2/10, has downplayed the significance of T2619/11 and has effectively suggested that the Guidelines do not accurately reflect the position in G2/10. (more…)

Unitary patent renewals: A closer look at the proposals

cover image

This infographic is still basically correct…..

A week ago we noted that IPKat had received details of two proposals (2.5 proposals if you count the SME variant) that the EPO is seriously considering with respect to the renewal fees for the unitary patent.

After we got over the initial shock that some actual figures had been revealed (leaked?) we took a closer look and realised that what most of the commentary was missing on this news was some fancy-ass graphs. So here, for your viewing pleasure, are some fancy graphs*, some comments and an observation or two.

…. Did we mention there’s graphs?……. in colour? (more…)

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