News & Analysis as of

European Patent Convention

Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.

by Brinks Gilson & Lione on

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure...more

Brexit: UK/EU Jump into the Unknown - What’s Ahead?

by Foley & Lardner LLP on

This is the fifth in an ongoing series of blog posts by Foley & Lardner LLP on the implications of the June 23, 2016 voter referendum in the United Kingdom (“UK”) to exit the European Union (“EU”) (“Brexit”)....more

Antidote to Toxic Divisionals—European Patent Office Rules on Partial Priorities

by Jones Day on

Beginning in 2009, the Boards of Appeal of the European Patent Office ("EPO") issued a series of decisions that essentially created a new priority law in Europe that allowed members of the same patent family to negate each...more

[Webinar] Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S. - March 29th, 12 noon CST

by Brinks Gilson & Lione on

For patent applications, the disclosure requirements differ among various countries. Two of the most important territories, the United States and the European Patent Convention, scrutinize parts of the patent disclosure...more

The Short-Lived Ailment of Poisonous Divisionals

After four years of the European Patent Office (EPO) ruling that a parent application can lack novelty over its divisional application, and vice versa, the EPO Enlarged Board of Appeal (EBA) in their decision G1/15 has...more

“Poisonous Divisionals” Poisoned In The EPO

by Ladas & Parry LLP on

For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application...more

UK To Ratify the Unified Patent Court Agreement Despite the Brexit Vote

by Latham & Watkins LLP on

The UK will ratify the Unified Patent Court Agreement despite the Brexit vote, it was announced yesterday. It is unclear whether this marks the start of a long participation of the UK in this 40-years-in-the-making unifying...more

EPO Begins Enforcing Dual-Party Execution of Assignments

We have previously noted that assignments executed solely by the assignor (e.g., an inventor when assigning rights to their employer) are technically deficient in Europe due to a difference between U.S. and European law. In...more

Getting the Most from Biotech Patents in Europe Without Breaking the Bank: Selecting the Right Countries for Validation

by Knobbe Martens on

Once a European patent application has been granted, all patentees must then choose to validate the granted application in one or more European countries. Such a decision may have long-term business and legal consequences. ...more

Brexit: Hard Landing/Soft Landing or Down the Rabbit Hole: What’s Ahead?

by Foley & Lardner LLP on

This is the third in an ongoing series of blog posts by Foley & Lardner LLP on the implications of the June 23, 2016 referendum decision in the United Kingdom (“UK”) to exit the European Union (“EU”)...more

Continental patents a la carte or prix fixe? Biotechnology considerations for the unitary patent in Europe

by Knobbe Martens on

Unitary patents in Europe - The European unitary patent and Unitary Patent Court (UPC) are slated to go into effect in early 2017. These monumental changes will have a significant impact on the ways patent rights are...more

The Brexit and Patent Law: What You Need to Know

by Foley & Lardner LLP on

Now that some time has passed since the Brexit vote, some of the ways in which the vote is likely to impact British patent law are becoming clearer. Here is a quick summary of some of the primary concerns....more

Packing Your Patent Application for Europe: Avoiding Problems Under European Patent Law

by Hodgson Russ LLP on

Planning an extended European vacation for your patent application? A lengthy stay in Munich with possible outings to The Hague, Berlin, Vienna, or Brussels? While your patent application won’t be strolling through the...more

Brexit: European Patent Applications, Unitary Patents and the Unified Patent Court System

by Morrison & Foerster LLP on

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit's Effect on Intellectual Property Rights

by Benesch on

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news...more

The Effect of The Brexit (UK Departure from EU) on IP Rights

by Ladas & Parry LLP on

In a June 23, 2016 referendum, the combined electorates of the United Kingdom and Gibraltar voted in favor of the United Kingdom, and consequently Gibraltar, leaving the European Union (EU). According to Article 50 of...more

Pitfalls When Refiling a Priority Application under Article 4 of the Paris Convention

Patent applicants who have filed a priority application (such as a U.S. Provisional application) may wish to abandon and then refile that priority application to extend the time available for filing a utility application. ...more

Brexit Impact on Intellectual Property Rights to Be Known Only After UK Exit Terms Finalized

by Holland & Knight LLP on

Although the United Kingdom (UK) vote to leave the European Union (EU) will ultimately impact intellectual property (IP) rights in both territories, the UK remains a member of the EU until the exit terms are formalized, so...more

How the United Kingdom’s Vote to Leave the European Union Affects Your EU Trademarks and Patents

by Cozen O'Connor on

The United Kingdom (UK) voted to leave the European Union (EU). The vote to leave the EU will not affect the UK’s relationship with the European Patent Office (EPO). The EPO is governed by the European Patent Convention...more

The IP Owner’s Guide to Brexit: Don’t Panic

By now, everyone has likely heard about the United Kingdom’s vote last week to leave the European Union. Few things are certain at this time, as governments around the world are still making plans to deal with Brexit....more

Brexit - Business as usual? What you need to know

by Bryan Cave on

Despite the UK’s vote to leave the European Union, companies doing business in the UK can still continue to trade with the European Union in exactly the same way as they have done in the past. The UK is still a member of...more

Brexit – Major Upheaval and Change

by WilmerHale on

As the UK leaves the EU, in light of the seismic result of the United Kingdom referendum on June 23, 2016, there will be an immense amount to do, for the UK and the remaining EU, and for companies that are either based in, or...more

Brexit Impact on European Patents and Trademarks

On June 23, in the popularly-termed “Brexit” referendum, the United Kingdom voted to exit the European Union, a decision which will have wide-ranging effects, including potential effects on intellectual property rights in the...more

Brexit Stage Right

The Brexit referendum has raised a number of issues related to disentangling United Kingdom from the European Union. Intellectual Property owners are understandably concerned about their European Intellectual...more

How does Brexit Affect your European and UK Intellectual Property?

by Seyfarth Shaw LLP on

Now that the UK has voted to exit the European Union, you may be asking – “how does this affect our intellectual property rights in Europe and the UK.” The short answer – it has no immediate affect at all. Regarding...more

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