A number of European firms, including J A Kemp, reported on Friday that the Administrative Council of the European Patent Organisation had passed a change to the rules of the EPC relating to the date on which a document is...more
The EPO confirmed that a European patent application can be refused on the basis of double patenting under Articles 97(2) and 125 EPC, if a patent with the same effective date has already been granted for the same subject...more
Prosecuting and maintaining a patent portfolio costs many organizations millions of dollars. These costs should be continuously managed and controlled. However, many organizations allow these tasks to slip when times are...more
As the COVID-19 pandemic progresses, patent offices worldwide are taking steps to minimize negative impacts that patent and trademark filers may suffer. ...more
EUIPO - For those with European Union Trademarks (EUTMs), the European Union Intellectual Property Office (EUIPO) in Alicante, Spain remains open although all staff are now working from home and it has extended all...more
Kelley Drye’s Diplomatic Community is our quarterly newsletter that provides updates on public international law developments with a focus on diplomatic legal issues, international organizations, the law of immunities and...more
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
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
The result of the UK's referendum on European Union membership is that the UK has decided that it will leave the EU. For now, the UK remains part of the EU. The withdrawal process requires that formal notice be given of the...more
On June 23, 2016 the United Kingdom (UK) and Gibraltar will vote in a referendum to remain in or leave the European Union (EU). If the UK votes to leave, according to Article 50 of the European Union Treaty, the...more
The new Unitary Patent System is expected to go into effect in the spring of 2017. This system will bring a groundbreaking change to the European patent landscape as it allows patentees to apply for a European Patent with...more
A new Patent Prosecution Highway (PPH) pilot agreement between the Canadian Intellectual Property Office (CIPO) and the European Patent Office (the EPO) came into effect on January 6, 2015. The pilot will last for a period of...more
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
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
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
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
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
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
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
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
On Tuesday, the Council of the European Union announced that twenty-four member states had signed the international agreement that would establish a Unified Patent Court (UPC), a specialized court having exclusive...more
Originally published in Forresters on January 6, 2012. Background: The patent - NovozymesFollowing grant of a patent to Novozymes in November 2009, the patent was asserted in Denmark, Germany, the Netherlands...more
This post takes us down a road we don’t frequently travel here at the IP Stone. So, to those who don’t consider themselves patent geeks (excluding closet patent geeks who refuse to acknowledge their true nature), my...more
Originally published in the European Patent Attorneys at WP Thompson & Co. on December 17, 2012. A unitary patent package covering 25 member states of the EU (Italy & Spain are not currently taking part) may finally be...more
Originally published from IPCopy blog on December 12, 2012. Last week the pan-European Intellectual Property Summit (IP Summit) was held in Brussels and the first morning of the summit saw a number of discussions...more