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Cautious optimism regarding 2017 UPC implementation

By AWA | Posted on November 29, 2016

During the meeting of the EU Competitiveness Council on 28 November 2016 in Brussels, the UK Minister of State for Energy and Intellectual Property stated that the UK will proceed with their ratification process in the months to come. The statement from the UK Minister for State and Intellectual Property Baroness Neville-Rolfe now seemingly paves...

Tags: UK, unified patent court, UP, UPC

Trademark protection allowed DEKO to go global safely

By AWA | Posted on November 16, 2016

With 45 years of experience, 35 of which on the international market, the Danish company DEKO has become established as one of Europe’s leading suppliers of mobile interior walls, wall systems and doors. Thanks to long-term, continuous and strategic trademark work with Awapatent, DEKO has gradually and safely been able to advance its position globally...

A more efficient trademark application process in China? 13 new Trademark Application and Service centers opened.

By AWA | Posted on November 8, 2016

China’s State Administration of Industry and Commerce (SAIC), which also administers the China Trademark Office and all trademark applications in China, is on a reform path and is putting efforts into facilitating trademark registrations across China’s provinces and lower tier cities and spreading the work outside of Beijing. The need for reform is a result...

Tags: Application, awa asia, china, China Trademark Office, SAIC, trademarks

Referral to the Enlarged Board of Appeal regarding negative features in a claim (i.e. disclaimers).

By AWA | Posted on November 3, 2016

The use of undisclosed disclaimers in a filed application has been practiced since the start of the EPC (European Patent Convention) and was codified in G 1/03. According to this decision, three exceptions from the general principle (a patent or patent application may not be amended in such a way that it contains subject-matter which...

Tags: applications, awapatent, EBA, epa, EPC

EPO gets Stricter on Requirements for Recording Assignments

By AWA | Posted on October 24, 2016

The EPO is going to take a stricter approach for recording an assignment of EP applications. Up until now the EPO has accepted assignment documents evidencing a transfer that had only been signed by the Assignor. Recordal of assignment is governed by Article 72 EPC which states that “An assignment of a European patent application...

Tags: awapatent, EP application, EPO, Patent, patent application

Amended rules relating to the refund of the examination fee

By AWA | Posted on August 23, 2016

Today the rules relating to fees stipulates that the examination fee will be refunded in full if the European patent application is withdrawn, refused or deemed to be withdrawn before the Examination Division (ED) has assumed responsibility of the application. The examination fee can also be refunded at a rate of 75% if the European...

Tags: EPC, EPO, epo fees

Effects of UK leaving the EU on the Unitary Patent and the UPC

By AWA | Posted on June 27, 2016

The result of the EU referendum held on 23 June was that the UK decided to leave the EU (European Union). As we have written previously the process of leaving the EU is long and can even take up to a couple of years. The UK will have to negotiate with the EU and the...

Prepare your strategy for the Unitary Patent and the UPC – (Part III)

By AWA | Posted on June 8, 2016

Strategies for pending patent applications and important aspects of the opt out procedure When preparing for the entry into force of the new Patent system in Europe, also patent application which are now currently pending before the European Patent Organization (EPO) must be considered. A decision must be made whether to try to delay the...

Tags: EPO, unified patent court, Unified Patent Court Agreement, unitary patent, UP, UPC, UPCA

Prepare your strategy for the Unitary Patent and the UPC – (Part II)

By AWA | Posted on June 2, 2016

The language regime for the Unitary Patent and the divisions of the UPC As we have written before the creation and start of the Unified Patent Court will change the mindset of patent litigation in Europe fundamentally. However, Europe is a diverse continent, not the least when it comes to languages. With the European Patent...

Tags: EPO, European Patent Office, language, unified patent court, Unified Patent Court Agreement, unitary patent, UP, UPC

Prepare your strategy for the Unitary Patent and the UPC – (Part I)

By AWA | Posted on May 30, 2016

The creation and start of the Unified Patent Court will change the mindset of patent litigation in Europe fundamentally. The Preparatory Committee of the Unified Patent will, according to the Chairman Alexander Ramsay, be ready by the middle of 2016 with the preparations for the new Court. In May the recruitment of judges began, and...

Tags: unified patent court, Unified Patent Court Agreement, unitary patent, UP, UPC, UPCA

Recent contributors

Ylva Strandberg, Counsel and AU and NZ Patent Attorney, Stockholm, Sweden

Ylva Strandberg

Counsel, AU and NZ Patent Attorney

Hongyue Li, Senior Associate and China Patent Attorney, Beijing, China

Hongyue Li

Senior Associate, China Patent Attorney

Isa Böttiger, Associate and Attorney at Law, Stockholm, Sweden

Isa Böttiger

Associate, Attorney at Law

Ylva Wikmark, Counsel and European Patent Attorney, Stockholm, Sweden

Ylva Wikmark

Counsel, European Patent Attorney

Ashley Zhao, Partner and Attorney at Law, Beijing, China

Ashley Zhao

Partner, Attorney at Law, Business Area Manager

Alexandre Theodorou, Partner and European Patent Attorney, Brussels, Belgium

Alexandre Theodorou

Partner, European Patent Attorney