European Patent Office

News & Analysis as of

European Patent Office to Make Pan-European Revocation Proceedings Faster, More Efficient as of July 1

European Patent Office oppositions are a very powerful way of litigating newly granted patents. In reality these are pan-European revocation proceedings, with profound strategic significance for life sciences companies – this...more

Impact of Brexit for Intellectual Property Rights

A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in...more

The European Patent Office introduces a “go-faster” opposition process

The European Patent Office (EPO) has announced that from 1 July 2016, post-grant oppositions will be reformed so that they become significantly faster and more efficient. The effect of these changes is that in straightforward...more

IP Developments In Biotechnology And Trade Secrets

2016 has been a year of IP changes and these changes have had an effect upon biotechnology as well as trade secrets. Patents: Will the U.S. Supreme Court Grant Cert. In Ariosa v. Sequenom? Ariosa v. Sequenom was...more

Various Pretrial Disputes Are Decided

W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515 -LPS, November 24, 2015. Stark, C. J. The court rules on various motions in limine and contested provisions in the pretrial order....more

News from Abroad: The UPC: to Opt Out or Not to Opt Out, That Is the Question

Did you know that in the Unified Patent Court (UPC) a patentee will be able to get an injunction covering a market much bigger than the entire USA, in a procedure that lasts no longer than a year, at a hearing which lasts a...more

The USPTO Global Dossier Service Is Scheduled to Go Live in Mid-November

The Global Dossier is a project stemming from a collaboration between the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the State Intellectual Property Office of...more

USPTO Revises Rules to Facilitate Access to Applications and File Contents by Foreign IP Offices

In a notice published earlier this week in the Federal Register (80 Fed. Reg. 65649), the U.S. Patent and Trademark Office issued a final rule revising the rules of practice to permit applicants to authorize the USPTO to give...more

Expanding the PPH in Australia

A Memorandum of Understanding (MoU) has paved the way for the European Patent Office (EPO) to partner with the Australian Patent Office in a Patent Prosecution Highway (PPH) pilot program. The PPH program has been in use...more

Guest Post -- The Biggest Side-effect of Making Medicine: How to Manage Intellectual Property and Patent Law

International intellectual property regulations are doing serious damage to the pharmaceutical industry and, by extension, to the health of people around the world. The core of the problem: growing global concern about how...more

Strong Support for Sequenom’s Petition for Rehearing En Banc

In Ariosa Diagnostics Inc. v. Sequenom Inc., 788 F.3d 1371 (Fed. Cir. 2015), a Federal Circuit panel held that Sequenom Inc.’s prenatal diagnosis patent claims patent ineligible subject matter under the two-step test of Mayo...more

Statute Permits Domestic Discovery for Foreign Opposition Proceedings - Akebia Therapeutics, Inc. v. FibroGen, Inc.

With ample citation to Supreme Court precedent, the U.S. Court of Appeals for the Ninth Circuit affirmed the use of 28 U.S.C. § 1782 to conduct domestic discovery in aid of foreign opposition proceedings at the European and...more

The Future European Patent System: Update on the Latest News

Following our note “The Future European Patent System: Being Prepared,” we report here on the very latest news on the implementation of the major changes to the European patent system. In recent weeks, there has been...more

Product-by-Process Claims: A Jurisdictional Overview

The Supreme Court of Japan has issued a decision which made significant changes to how product-by-process claims are handled by the Japanese Patent Office. The decision makes Japanese law on product-by-process claims similar...more

IP Newsletter - July 2015

In This Issue: - En Banc Federal Circuit Abandons “Strong” Presumption That a Limitation Is Not Subject to 35 U.S.C. § 112, Paragraph 6 - Supreme Court Rejects Belief of Invalidity Defense for Inducement in Commil...more

The Future European Patent System: Update on the Latest News

Following our note “The Future European Patent System: Being Prepared,” we report here on the very latest news on the implementation of the major changes to the European patent system. In recent weeks, there has been...more

European Patent Office Finds Plants and Plant Products Patent-Eligible

On March 25, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) handed a victory to those seeking to protect plant inventions in Europe. The EBA found that the essentially biological processes exclusion of...more

European patents to take effect in Morocco

From 1 March 2015, a new agreement will come into force that allows European patents to be validated in Morocco. This is the first time that a non-member country of the European Patent Organisation will have recognised...more

Tips for Developing a Cost-Effective Foreign Patent Strategy

According to a recent survey of over 100 companies and universities, nearly 93% who filed patent families in 2013 filed at least some of those patent families internationally. While obtaining patent protection abroad is...more

Morocco Decides to Recognize EP Applications and Patents

The President of the EPO and the Minister of Industry, Trade, Investment and the Digital Economy of Morocco announced on January 19th that Morocco would permit EP applications and granted EP patents to be validated in that...more

January 2015: EU Litigation Update

Second Helping—The EPO’s Enlarged Board of Appeals Hears Tomatoes/Broccoli II. On October 27, 2014 the Enlarged Board of Appeals of the European Patent Office (EBoA) heard the two appeals against the Opposition Division’s...more

CIPO - EPO PPH

Who can resist an announcement laced with nerdy acronyms? Last week, the Canadian Intellectual Property Office (CIPO) announced the launch of a Patent Prosecution Highway (PPH) pilot agreement with the European Patent Office...more

Latest News on European Patents

Europe has been bustling with recent news and development from the Unified Patent Court Preparatory Committee and the European Patent Office. New Draft UPC Rules of Procedure and UPC Status - The Preparatory...more

Where Should Foreign Patent Protection Be Pursued?

Once a client has made a decision to file a patent application, invariably, at some point during the patent procurement process, assuming foreign protection is not barred, the client will be asked whether it desires to pursue...more

Patents are of National Origin

Patents are Obtained Country by Country - All intellectual property professionals are aware that patents are issued, as a general rule, country by country. However, some inventors are under the misimpression that once...more

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