The 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…)
The 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…)
The 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…)
A 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…)
Following the publication of the EU Trade Mark Directive and Community Trade Mark (CTM) Regulations Regulation (EU) No 2015/2424 (the Amending Regulation), CTM practice is set for a number of important changes.
The initial changes come into effect on 23 March 2016, with further changes to follow. We highlight below the key points which we think you should be aware of: (more…)
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…)
The EU Referendum is now set for 23 June 2016. Welcome to four months of speculation. Will it be NoGo or BoGo?
While watching Boris do his bit for party unity on Sunday, IPcopy started wondering what a Brexit would do to the implementation of the unitary patent system. As previously discussed on this blog, if the UK exits the EU then UK European Patent Attorneys will still be able to represent parties at the unified patent court by virtue of the provisions of Article 48(2) UPC Agreement. However, will a Brexit impact the unitary patent system coming online?
Cue the Brexit Brake? flowchart… (more…)
Unwired and Huawei’s Excellent Adventure: Birss J boards his Time Machine to look at prior art disclosures on the Internet
In a recent decision in Unwired Planet v Huawei, Birss J considered when a potential prior art document, which had been disclosed online, had been made available to the public. In the case in question the facts were such that the document had been published just a matter of hours before the priority document was filed. It was not in dispute that the document amounted to an enabling disclosure of the invention. (more…)
UPC Confirmed Locations. The UPC website was updated last week with UPC divisions that have confirmed their locations. The Court of Appeal in Luxembourg, the Nordic-Baltic Regional Division in Sweden and the four local divisions and central division in Germany are currently listed along with their addresses and some photos. (more…)