News & Analysis as of

European Patent Office

EP Opposition and US Inter Partes Review Decisions Go Hand In Hand

It is often desirable to obtain patent protection for inventions both in Europe and the United States. As a result, competitors frequently look to Europe and the US as important jurisdictions for challenging the validity of a...more

A Comparison of US and EPO Post Grant Practices

Challenging the validity of a patent through the courts of Europe and the United States can be a time-consuming and expensive process. Oppositions at the European Patent Office (EPO) and US post-grant cancellation...more

Global Patent Prosecution Newsletter - June 2017

Revocation Proceedings Around the World - Mechanisms to challenge the validity of granted patents are available in many countries throughout the world. The June 2017 issue of Sterne Kessler’s Global Patent Prosecution...more

The Essentiality Test – Falling Out of Favour at the EPO?

The European Patent Office (EPO) has a notoriously strict approach when considering amendments to patent applications. If an amendment extends the subject matter beyond the content of the application as filed, then the...more

Patent Grace Period Laws in the IP5 Patent Offices: Some Similarities But Largely Different

Life science and other high technology companies most frequently file patent applications in five IP offices (IP5), namely: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japanese...more

Putting the Pedal to the Metal at the EPO

It should come as no surprise that the home of the Bundesautobahn has multiple mechanisms to speed up patent prosecution. And since the average pendency of a European application is approximately four years[i], patentees will...more

Global Patent Prosecution Newsletter - March 2017

The March 2017 inaugural issue of Sterne Kessler's Global Patent Prosecution Newsletter includes information and practical tips for accelerated examination strategies in the United States, Europe, and Asia. Please see...more

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

Planning to Request Discovery for a European Patent Office Proceeding? Not So Fast, Rules the District of Massachusetts

The Hon. F. Dennis Saylor, IV of the U.S. District Court for the District of Massachusetts recently denied a petitioner’s request under 28 USC § 1782 to take discovery related to patent inventorship in connection with an...more

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...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

Understanding the similarities and differences between priority claims in Canada and the U.S.

by Smart & Biggar on

A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. The recent decision of the U.S. Federal Circuit in...more

Biogen to Pay Forward $1.25 Billion in Settlement

by Knobbe Martens on

Forward Pharma A/S (“Forward”) recently announced that a necessary super majority of its shareholders have approved a settlement of various patent disputes with two wholly-owned subsidiaries of Biogen Inc. (“Biogen”) in which...more

USPTO News Briefs - February 2017

USPTO Announces Expansion of eMod Text Pilot - In August 2015, the U.S. Patent and Trademark Office announced that it would begin implementing a new system that would eventually replace the EFS-Web, Public PAIR, and...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

EPO Stays Proceedings Over Patentability Of Plants And Animals

by Foley & Lardner LLP on

While the U.S. is still sorting out “natural products” jurisprudence under 35 USC § 101, the European Patent Office (EPO) is wrestling with the patentability of plants and animals, and has announced an immediate stay on all...more

Expediting Patent Prosecution in South America

Although South America includes many large and commercially significant markets for U.S. and European businesses, patent prosecution is notoriously slow in most South American countries. Brazil, for example, averages...more

Unitary Patent Inches Closer to Adoption with UK’s Ratification Announcement

The Intellectual Property Office of the United Kingdom (UK)—together with the Minister of State for Energy and Intellectual Property and Prime Minister May—issued a press release on Nov. 28 confirming that the country will...more

News from Abroad: Antibodies in the European Patent Office

The European Patent Office (EPO) continues to grant many patents relating to antibodies, and in doing so applies the same patentability criteria as to other inventions. However, some commentators have suggested that...more

Brexit’s Effect on the Unitary Patent System and Court

by Morgan Lewis on

The UK government intends to ratify the Unitary Patent System and the Unified Patent Court prior to Brexit. The Brexit referendum passed earlier this year in which the United Kingdom voted to leave the European Union...more

EPO Enlarged Board of Appeal Finds the Cure For Poisonous Divisionals

At the end of 2012, a European Patent Office (EPO) Board of Appeal decision sent shockwaves through Europe; it concluded that a European divisional patent publication could be novelty destroying to the European parent patent...more

Brexit and Supplemental Protection Certificates: Hope for the Best but Plan for the Worst

On June 23, 2016, the United Kingdom voted through a national referendum to exit the European Union after more than 40 years of membership. One of the key arguments in favor of the so-called “Brexit” was to return full...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

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