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EPO Guidelines 2Day Roadshow – Review Part 1 – Rule 164 and General Changes

epologoThe EPO is currently running a roadshow for professional representatives around Europe  covering changes to the Guidelines for Examination and other matters such as rule 164 EPC, “Doing business with the EPO electronically”, early entry into the European phase, effective use of procedural options, the rule 71(3) EPC procedure and Article 123(2) EPC.

Recently the roadshow made it to London and in this post we take a look at the changes to the rule 164 procedure and also some of the fee related changes. (more…)

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…)

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…)

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…)

Top 10 Technology Trends (as predicted by a patent database)

With the news that now even drones are going ‘mini’ we have been considering some of our other favourite top trending technologies of the past few years, and briefly looking at how their patent application numbers have progressed.

We should point out that no in-depth analysis has been done here, and we’ve simply performed some quick patent database searching with the phrases used in our titles for our favourite top trending technologies…

  1. GenomicsMyriad

No one can deny the importance of studying genetic codes. Genomics not only provides a wealth of information about organisms, but has created vast possibilities for the future of modern medicine.


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…)

Live or let die? – Formal recommendations to abolish Australia’s Innovation patent system

PA106741Today on IPcopy we have a guest post from Caroline Bommer of Shelston IP on the subject of Australia’s innovation patent system. This post first appeared on the Shelston IP website and has been reproduced with the permission of the author.

In June 2014, following a three year plus review process with a broad range of inputs, ACIP (the Advisory Council on Intellectual Property), published a “final” report on the effectiveness of the Australian innovation patent system. Despite the results of its own economic research commissioned as part of that review, it was unable to come to any clear conclusions regarding retention or abolition of the system, and limited its recommendations to options for addressing concerns regarding the current low patentability threshold. (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



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