European Patent Office

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Controlling Patenting Costs

Now more than ever one needs to ensure value for money in creating and maintaining a patent portfolio. Not only are budgets decreasing or stagnant, but the number of countries that need to be considered is increasing. ...more

Early Assignment of your Invention as a Method to Maintain Priority Rights in a European Patent Application

The European Patent Office (EPO) has been a desirable venue for seeking patent protection in Europe. For instance, a patent application granted by the EPO can provide patent protection in many European countries, such as the...more

EPO Divisionals Update

In October 2013, we reported that the EPO had removed the time limits for filing divisonal applications. An outstanding detail at that time was the level of the fees that would be levied for filing second or any subsequent...more

To Stay Or Not To Stay? The UK Court Of Appeal Implements The Supreme Court Decision In Virgin Atlantic Airways v. Zodiac Seats

In the August 2013 issue of the Intellectual Property Report, we reported on the UK Supreme Court’s decision in Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46 (the “Virgin Case”). On November 21, 2013, the...more

Comforted By The Seat Of Justice - No Going Behind The EPO's Decision To Grant A Patent

The Court of Appeal recently ruled in Virgin Atlantic Airways v Jet Airlines (India) & Zodiac Seats UK and others that the English courts cannot go behind the European Patent Office's ("EPO's") decision to grant a European...more

The Danger of Self-Colliding Divisional Applications in the EPO

Last week I had the honor of speaking at the 27th Annual Pharmaceutical/Chemical Patent Practice Update put on by the New Jersey Intellectual Property Law Association’s Chemical Practice Committee. The entire program was...more

News from Abroad: EPO Clarifies Extent to which Methods Involving Use of Human Embryos Are Excluded from Patentability

Generally, the European Patent Office does not allow claims to methods involving the use of human embryos for industrial or commercial purposes. It was therefore perhaps not surprising that the Examiner objected to the...more

Breaking The Shackles – Changes To Divisional Application Practice In Europe

From 1 April 2014, the 24 month deadline to file a divisional patent application in Europe will be abolished. From this date, divisional applications can be filed at any time provided the parent application has not proceeded...more

More EPO Rule Reversals: Additional Searches Available During European Regional Phase

The EPO has announced rule changes that will provide applicants with the option to have additional searches carried out during the European regional phase of Euro-PCT applications....more

European Patent Office Eliminates “Two-Year Divisional” Rule

Office changes rules for filing divisional applications so they are no longer time barred. On October 18, the Administrative Council of the European Patent Office (EPO) announced that the 2010 amendments to Rule 36 of...more

EPO’s Turnaround for Divisional Applications

On October 16, 2013, the European Patent Office’s Administrative Council adopted amendments to the rules for divisional applications. It repealed the 24-month time limit for the filing of divisional applications in Rule 36...more

European Patent Office repeals 24-month deadline for filing divisional patent applications

In a move being cheered the world over by patent practitioners and patent applicants alike, the EPO has announced an amendment to EPO Rule 36, thereby signaling the end of the 24-month time limit imposed on the filing of...more

It’s Back To The Future For The EPO Divisional Application Deadline Rules

The EPO has announced that it is changing the EPO divisional application deadline rules to eliminate the current 24-month deadline for filing divisional applications, and permit the filing of a divisional application as long...more

EPO Changes Rules for Filing Divisional Applications

The EPO’s Administrative Council has decided to reverse the changes made in 2010 to the rules for filing divisional applications. These changes introduced a 24-month time limit within which divisional applications had to be...more

Software and Business Methods — Patentable Subject-Matter in Europe?

The CLS Bank case (CLS Bank Int’l v. Alice Corp. Pty. Ltd., 2011-1301) decision issued by the Court of Appeals for the Federal Circuit highlighted the difficulty that those working in the field of software patents in the US...more

Changes in EPO Divisional Deadlines

Today the European Patent Office (EPO) announced that as of April 1, 2014, it will repeal the current 24-month time limit for filing divisional applications. Applicants will once again be able to file divisional applications...more

October 2013: EU Litigation Update

Update (Europe): Unitary Patent and Unified Patent Court. Back in December 2012, the European Union (EU) adopted two Regulations regarding so-called European patents with unitary effect (Unitary Patent) and respective...more

News from Abroad: EPO Proposal Would Remove Time Limit for Divisional Filing

Our August 2013 News item: "EPO divisional deadline U-turn in the offing..." seems prescient. We now learn that the EPO has made formal proposals to remove the current two-year time limit for filing...more

Myriad: Comparing US Law with European, Japanese and Australian Law

The decision by the U.S. Supreme Court that isolated DNA having the same sequence as naturally-occurring DNA is not patentable subject matter is inconsistent with the position of the European Patent Office and Japanese law....more

A Guide through Europe’s New Unified Patent System

Introduction - The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more

Inovia Releases 2013 Report on Global Patent Trends

Patent services provider inovia announced the release of its 2013 report on global patent and IP trends today. In compiling the report, inovia, which produces products for PCT national phase entry, European patent...more

Will Patent Classification Harmonization Based On The Cooperative Patent Classification System Strike A Chord?

As mentioned in my previous post on the Cooperative Patent Classification system (CPC), the International Patent Classification system (IPC), on which the CPC is based, is used by more than 100 patent offices around the...more

The Cooperative Patent Classification System Becomes The Official Patent Classification System At The U.S. And European Patent...

Just this past January, the U.S. Patent and Trademark Office (USPTO) and the European Patent Office (EPO) each announced the launch of the Cooperative Patent Classification system (CPC) as the official system for classifying...more

Intellectual Property Newsletter - February 2013

In This Issue: *News From The Bench: - Claim Construction: “Only One” Or “More Than One.” - No Need To Include Claim Construction in Design Patent Infringement Complaint. - CAFC Finds That Adapting...more

News from Abroad: Patentees Denied Opportunity to Correct European Patent Text After Grant

Originally published in Forresters on March 1, 2013. Background - Rule 140 EPC does not explicitly relate to the correction of patents, but to the correction of EPO decisions. However, until now, the European...more

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