Understanding Patent Applications and Methods for Best Approaches in Europe and the U.S.
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
The European Patent Office ("EPO") has committed to specific timelines for its new practice of accelerating opposition proceedings....more
The European Parliament has adopted an amended European Commission proposal to regulate plants engineered using techniques such as CRISPR/Cas and ban any patenting of plants, plant parts, material, genetic information, or...more
The Enlarged Board of Appeal of the European Patent Office (EPO) has issued a new dual decision – G1/22 and G2/22 – dealing with the assessment of priority rights at the EPO. The decision represents a significant break from...more
On October 10, 2023, the Enlarged Board of Appeal of the European Patent Office (EPO) issued a consolidated decision in cases G1/22 and G2/22 clarifying a common issue regarding the validity of a priority claim made at the...more
Background - As has been widely reported, major changes are looming for the European patent landscape. After many years of preparatory work and negotiations, Europe’s new Unified Patent Court (UPC) is expected to open for...more
In 1973, in response to concerns about the costs of securing patent protection in Europe, the European Patent Convention was signed to set up a common patent office to examine patent applications for any European country that...more
A major change to the European patent system is expected in 2023. Currently, patent owners: 1) validate European patents in individual States, 2) pay renewal fees, and 3) enforce the patent independently in each individual...more
Seven years after the Member States of the EU signed the Agreement on a Unified Patent Court (“UPCA”), the Unitary Patent (“UP”) and the Unified Patent Court (“UPC”) are likely to commence during the second half of 2022. This...more
Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the...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
On February 10, 2020, the European Patent Office Opposition Division announced the results of an opposition filed against patent EP2800811, owned by the Regents of University of California, University of Vienna, and Emanuelle...more
European and UK patents are not impacted by Brexit. The European Patent Office (EPO) is established under the European Patent Convention (EPC). The EPC is separate from the European Union and the UK is, now, one of several...more
On 30 July, the Court of Appeal of The Hague ruled on the formal entitlement to priority following from a US provisional patent application. The attack on priority in this case is part of a recent trend by parties in patent...more
On 24 September 2018, the UK Government outlined its position on how the various Intellectual Property (IP) rights will be treated following "Brexit Day" – planned for 29 March 2019, in the unlikely event that the United...more
We salute the originators and implementers of the Patent Cooperation Treaty (PCT) and the European Patent Convention (EPO) on their fortieth anniversary and look forward to continued use of both long into the future....more
The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more
The UK government’s draft EU Withdrawal Bill (the “Brexit Bill“) aims to incorporate EU directives and regulations into UK domestic law in their current form immediately following Brexit (“Retained EU Law“). This article...more
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 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
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
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
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
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
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