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No Deal Brexit, Boris and IP

brexit-1481028_640Following Boris Johnson becoming the Prime Minister of the UK last month, and given his desire to leave the EU by the 31 October 2019 deadline with or without a deal, we have highlighted the UK government’s plans for trade marks, designs and patents in the event of a “No Deal” Brexit in more detail.

It is noted that in the event of a “No Deal” Brexit, the UK will leave the EU without any transition period and the “switch-over” date for IP, referred to as “Exit Day” below, will be 31 October 2019 (unless there are further extensions) (more…)

Canada’s Patent Rules come into force on October 30, 2019

Flag_of_CanadaToday on IPcopy we have a guest post from Wendy Lamson of Perley-Robertson, Hill & McDougal LLP on the subject of national phase entry in Canada. This post has been reproduced with the permission of the author.

The new Patent Rules were published on 10 July 2019 in Canada Gazette, Part II.  The amendments will bring the Canadian Patent Rules into conformity with the Patent Law Treaty and will come into effect on October 30, 2019.

Highlights of some of the more important changes are discussed below.  Notably, certain deadlines will be shortened and the ability to reinstate an abandoned patent application or revive a lapsed patent will become more difficult in certain circumstances. (more…)

European patent prosecution – impact of the International Searching Authority (ISA)

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When entering the European regional phase from the PCT phase the choice of the international searching authority (EPO or non-EPO international searching authority) has an impact on the actions that are required shortly after regional phase entry and also an impact on the fees that are payable. This article provides a high level overview of the main points of difference. (more…)

Brexit and IP – updated overview

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This article is an updated version of a previous Brexit related article which takes into account the UK’s revised date for leaving the EU.

Following an extension agreed by EU leaders back in April, the UK is now expected to leave the European Union on 31 October 2019. The UK’s departure from the EU may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes.

“Exit Day”

There is a key ‘switch-over’ date for IP, which is referred to here as “Exit Day”. The exact date of Exit Day will be different depending on the manner in which the UK leaves the EU.

In the event of a “No Deal” Brexit, where a Withdrawal Agreement has not been agreed by both sides, the UK will leave the EU without any transition period and Exit Day will be the end of the Article 50 period. Currently the end of the Article 50 period is 31 October 2019, though this date could potentially be extended again if there is still no agreement by that date.

If the Withdrawal Agreement is agreed by the EU and ratified by the UK, this provides for a transition period during which the UK will no longer be part of the EU, but will still be bound by EU rules. In this scenario ‘Exit Day’ is the end of this transition period (the end of December 2020 at least though potentially this date could also be extended).

References to “Exit Day” below should therefore be read as encompassing either the “No Deal” exit day or the exit date at the end of the transition period.

(more…)

Patent Amendment in the US and Europe

us-europe flagThis article compares amendment of patent applications before the USPTO and the European Patent Office (EPO), focussing on the differences in law and practice between these jurisdictions.  Adaptation of a PCT application for regional phase entry in each jurisdiction is also discussed.  References are made to the EPO Guidelines, which is the main source for European Patent Office practice.  Some guidance is also provided on differences between claim interpretation in Europe and the US. (more…)

London Tech Week 2019 – IP Clinics

Intellectual Property Clinics: protecting your inventions, branding and designs

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Keltie will once again be taking part in London Tech Week which this year runs from 10th to 14th June by running free Intellectual Property Clinics throughout the week. (more…)

Easter Innovations

easter-3100341_1920Disaster has struck with the Easter bunny lost in the world of IP, days away from Easter Sunday. Luckily, he’s left a few clues with his Easter related designs and inventions to lead us to his hiding spot. (more…)

Brexit and Patents

Further to our Brexit videos on designs and trade marks. Here’s IPcopy’s video summary of the impact of Brexit on patents.

4 April 2019

Brexit and IP – an overview

brexit-1481028_1920The UK is shortly expected to leave the European Union, which may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes. (more…)

Lá Fhéile Pádraig

As we approach our national holiday we can’t help but feel patriotic. Here we take a look at what the good people from the Emerald Isle have contributed to the world over the years and more importantly how intellectual property has played its part. There are plenty of impressive technical advancements that originated in Ireland including the induction coil, the submarine, the hypodermic syringe, the binaural stethoscope…We could go on and on, but we understand you have plenty of other priorities for the weekend so we’ll keep it snappy with our top 5 intellectual property related contributions that play a pivotal role in the everyday life of the Irish individual. (more…)