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Unified Patent Court – April 2016 Update

IMG_8533Today we have an update on progress towards the unitary patent and the implementation of the UPC.

The Preparatory Committee met last week in Luxembourg to discuss a number of matters including the recruitment package for judicial appointments. Adverts for UPC judges should begin to appear from early next month. It is noted that UPC First Instance judges are to be paid in the region of 132,000 Euros per year and Court of Appeal judges will receive 144,000 Euros per year.

The Committee also discussed a draft code of conduct for practitioners. This code of conduct, which is not yet available for review, is expected to be signed towards the end of May. (more…)

US patent eligibility issues after Alice: webinar review

photo-3rA recent webinar about addressing section 101 issues in US patent prosecution following the Alice decision provided a handy overview of the best way to avoid and counter Alice objections and also helpfully highlighted the relevant USPTO patent eligibility examples to look at when drafting claims to different types of invention. A summary of some of the highlights of the webinar is presented below: (more…)

Creating an inventive ideas template

13973292868ccz8Introduction:

A template is a file that serves as a starting point for a new document. When one opens a template, it is pre-formatted in some way to guide the user.

One simple yet effective way to build a level of discipline into the invention capture process is to define a standard template for inventive ideas and insist it is taken into use. It is worth defining the inventive ideas template with carefully considered fields and guidance tips, which meet the needs of your invention capture process. This will help the inventor community understand what is expected of them. It also ensures inventive ideas are captured in a consistent manner.

If the idea is of potential value and is patentable, then the inventor should complete such an inventive ideas template. Completing the template should be considered as the first step in the patent creation process but it does not constitute the filing of the patent application.

The template should be completed for each discovery or inventive idea that has some potential commercial value or represents a breakthrough in technology.  (more…)

Easter Patents

easterEaster is upon us and across the land thousands of children are planning on celebrating the story of the Resurrection by stuffing themselves full of chocolate. (Those of you idly wondering what the Easter Bunny has to do with the Resurrection of Jesus are cordially pointed to this explanation!)

IPcopy thought we’d take this opportunity to see what kind of Easter related IP we could find…

US Design Patent USD703277 discloses a set of toy bunny Easter egg ears. Of note however is the downright sinister bunny depicted in the drawings (see for yourself below). My 9 year-old son saw this picture and declared “he looks like he wants to kill someone”. Possibly not the angle the draftsman was aiming for… (more…)

UPC and the computer software interoperability exception to infringement

IMG_8533-0As noted recently the Secondary Legislation Scrutiny Committee has been considering the secondary legislation being used to bring the UPC system into effect in the UK. Of interest in their report is the additional clarifications received in respect of the inclusion of the infringement exception at Article 27(k) of the UPC Agreement into UK law, the computer program exception.

The Committee’s report details comments raised on the draft Order from Baroness Bowles of Berkhamstead including comments relating to the computer program exception. The Committee had put the Baroness’ concerns to the Department for Business, Innovation and Skills (BIS). The full reply from BIS can be found in the Appendix to the Report. (more…)

UK UPC Ratification Progress

GB+EU flagThe draft “The Patents (European Patent with Unitary Effect and Unified Patent Court) Order 2016” made its way through debate and approval in both the House of Commons and the House of Lords recently. This gets the UK that little bit closer to being in a position to ratify the UPC Agreement*. (more…)

UKIPO Consultation: Proposed Changes to the Patents Rules

ConsultationThe UKIPO has released a consultation on proposed changes to the Patents Rules. The deadline for making comments is 22 April 2016 (at 11:45pm). Eleven different changes are proposed which range from the helpful (providing a notice of intention to grant) to the nerdier end (removing the need to paper forms in triplicate) of the spectrum.

A summary of the various changes is provided below. The proposed changes are geared towards simplifying aspects of the patents legislation and should reduce the burdens on businesses and the IPO. (more…)

UPC – Rules of the court fees and recoverable costs

IMG_8533-1The Preparatory Committee released the agreed rules relating to UPC court fees last week. The main reported piece of news relating to the publication of the fees seems to have been the removal of the 80 Euro opt-out (and withdrawal of opt-out) fee. However, there are a number of other changes in the rules which are summarised below. For reference the Rules document can be found here and the Guidelines for the determination of Court fees and the ceiling of recoverable costs of the successful party can be found here. (more…)

UPC updates – No Opt-out fee for the UPC & more news

IMG_8533-0A selection of UPC updates on various issues including the latest Preparatory Committee meeting, ratification updates in the UK and Germany and a look at the Case Management System. (more…)

Running efficient and effective Patent Board meetings

conference-room-768441_1920

Image from Pixabay.com

Introduction:

If an organization is only concerned with handling a few creative / innovative ideas from time to time, then one can probably stay with some handcrafted approach for capturing these ideas, analyzing them and determining what to do with such ideas (file a patent application, keep as a trade secret, publish, etc.). However, as volumes increase, then it is much better to deploy some robust ideas capture, analysis and review process underpinned by a fit for purpose system. This paper looks at how such organizations should run efficient and effective review meetings. (more…)

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