News & Analysis as of

Patents European Union

[Webinar] Roadblocks Ahead: Refusal/Rejection and Options for Further Action - December 13th, 10:00am ET

If you come up against a brick wall during examination at the European Patent Office (EPO) or the United States Patent and Trademark Office (USPTO), a number of options and strategies may still be available to you. Please...more

Patentability of Natural Products in Europe

There is currently a significant divergence in practice between Europe and the United States when considering the patentability of naturally-occurring products. Since the Myriad decision of the U.S. Supreme Court, the USPTO...more

EU Commission Publishes Major IP Package: Guidance Given on the EU Approach to SEPs and on the EU IP Enforcement Directive

by WilmerHale on

Last week, the EU Commission published a number of important documents on IP. The documents include (i) a communication paper “Setting out the EU approach to Standard Essential Patents,” and (ii) a communication paper...more

2017 European Patent Office Updates

The European Patent Office recently revised its Examination Guidelines. These Guidelines are primarily directed to the patent examiners and formalities officers of the EPO, but they are also helpful to anyone practicing...more

The European Commission publishes communication on Standard Essential Patents

by Allen & Overy LLP on

On 29 November 2017 the European Commission (the Commission) published the long-awaited “Communication from the Commission to the European Parliament, the Council, and the European Economic and Social Committee”, setting out...more

An EC Communication on SEPs – Not More Not Less

A summary of the European Commission’s Policy Document on standard essential patents (SEPs). After considerable preparations and consultation the European Commission has on 29 November 2017 issued a Communication “setting...more

Brexit Bill - Impact on patents

by Hogan Lovells on

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

IPunkt - October 2017

by Hogan Lovells on

Kurze Einleitung - Liebe Leserin, lieber Leser, diesen Monat ist es endlich wieder soweit. Der IPunkt kehrt in neuem Gewand zurück. Passend hierzu haben unsere Autoren die neuesten Updates im Bereich des IPMT kurz...more

Preparing European Priority Applications for Stronger U.S. Patents

The current U.S. patent climate mandates a heightened focus on quality prosecution. For consumer product companies headquartered in Europe, and for those that regularly innovate there, this means preparing and filing European...more

A Stricter EPO? The EPO Updates its Guidelines for Examination

Effective 1 November 2017, the European Patent Office (EPO) has updated its Guidelines for Examination. While we have already reported the modifications relating to the practice of assignments, here we uncover some of the...more

The Goods on IP - October 2017

The October 2017 issue of Sterne Kessler's The Goods on IP® discusses using your utility patent portfolio to expand design protection, tips for aligning your consumer product European patent portfolio with U.S. best...more

4 Key Takeaways: The Hague Agreement & Design Filings – Things You Need to Know & Do

Kilpatrick Townsend partner Babak Kusha, along with a panel of other thought leaders, recently presented a Knowledge Group webinar on the topic of “The Hague Agreement and Design Filings.” The Hague Agreement is an...more

USPTO and EPO Examiners Discuss Key Considerations for Filing Effective Precision Medicine and Bioinformatics Applications in the...

At a symposium and webinar presented by Fenwick & West and Mewburn Ellis, we asked U.S. Patent and Trademark Office and European Patent Office examiners to provide perspective on the preparation and prosecution of patent...more

Stricter Assessment of Assignment Documents by the EPO

The European Patent Office (EPO) has recently introduced more stringent checking of documents filed in support of a transfer of rights. This will apply whenever the EPO is asked to update its records of the ownership of a...more

Europe: Blockchain – Practical and legal challenges

by Hogan Lovells on

The increasing digitization of the private as well as economic realm is undeniable. The European Commission is constantly pushing the Digital Single Market forward. In the same breath as the ubiquitous phenomenon of...more

UPC and Germany: Status update - Constitutional complaint, ratification timeline and more

by Hogan Lovells on

The constitutional complaint against the UPC ratification that was lodged with the Federal Constitutional Court in Germany earlier this year has received a lot of attention over the past few months as it could have the...more

ITC Denies Request to Modify Protective Order

by Jones Day on

In a recent Notice, the Commission denied Respondents’ motion to modify the administrative protective order (APO) to permit them to use a third party’s confidential business information in related European proceedings....more

Canada Institutes Certificates of Supplementary Protection for Approved Drug Products

On September 21, 2017, the Comprehensive Economic and Trade Agreement (CETA) signed between the European Union (EU) and Canada provisionally entered into force in Canada.  Among other things, this agreement seeks to harmonize...more

European Commission’s 6 Proposals for Post-Brexit Intellectual Property Rights

by Latham & Watkins LLP on

The European Commission (EC) has released a position paper on its objectives for the Article 50 Brexit negotiations with the UK regarding Intellectual Property Rights (IPRs). The EC has effectively set out six key principles...more

EU Study: Trade Secrets Top Patents in European Union

Just as the U.S. Patent and Trademark Office has shown a keen interest in better understanding policy concerns and the needs of business stakeholders in the area of trade secrets against the backdrop of a new federal law, the...more

[Webinar] Prior Art: Understanding and Attacking Prior Art Rejections - September 6, 10:00am ET

Join us for a compare and contrast discussion on what constitutes prior art in the United States and in Europe, and how to respond to rejections over that art. Relying on over sixty years combined prosecution experience...more

Unitary Patent Guide Published by the EPO

by Hogan Lovells on

The Guide begins with an overview of the concept of the Unitary Patent. It explains that this is an alternative to the existing options of national patents granted by national patent offices and national validations of...more

Changing values of IP and data in deals

by Ropes & Gray LLP on

Ed Black, co-head of Ropes & Gray’s IP transactions and technology, media & telecommunications practice groups, discusses changing values of IP and data in M&A transactions. ______________________________________ One of...more

Latest Developments in European Patent Law: How to Apply Them in Both the United States and Europe

by Knobbe Martens on

Agenda: • UK Supreme Court Decision on Infringement – “Equivalents” – Use of the prosecution history • Doctrine of Equivalents in the United States • Plausibility before the EPO and UK courts – Inventive step of...more

The enforcement of standard essential patents in Germany – a stocktaking

by DLA Piper on

In July 2015, the European Court of Justice (CJEU) issued a long-awaited judgment answering questions as to the requirements an owner of a standard essential patent (SEP) is able to enforce its SEP without a breach of...more

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