Insights
An unknown exception error at the EPO
By Anders Heebøll-Nielsen | Posted on August 4, 2014
We recently blogged about how the EPO has introduced the concept of small entities for obtaining fee reductions in procedures before the EPO. The new procedure can create a peculiar error that at least I did not foresee. The EPO Form 1001E for request for grant of a European patent contains a field, Item 5,...
Blog entry #2 on new Rule 6 EPC
By Troels Peter Rørdam | Posted on July 28, 2014
Will some applications be left with no Rule 6 EPC applicable following its amendment? Following my previous blog entry on the amended Rule 6 EPC, I have been made aware of a curiosity in the transitional provisions of the new Rule 6 EPC. Namely, the transitional provisions may, in principle, be interpreted as implying that...
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Danish law can be applicable to infringing sales from UK websites
By AWA | Posted on July 8, 2014
The Danish Maritime and Commercial Court has recently rendered a decision in a case regarding sale of infringing furniture designs from two British websites. The decision is interesting for practitioners as it explains which exact elements are added substantial weight, when defining which law is applicable to an online infringement. When deciding whether sale of...
Tags: Denmark, design protection, UK
Decision by the USPTO puts the spotlight on the “real party in interest”
By Joacim Lydén | Posted on July 1, 2014
One of the ways that companies in patent dense industries, such as consumer electronics, try to fend off claims from patent holders is by requesting assistance from patent risk management firms. Patent risk management firms generally assist their clients by acquiring patents, tracking litigation outcome, or by acting to remove questionable patents from the landscape....
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Tags: patent risk management, USA, USPTO
Important judgement on business method patent in the United States
By Joacim Lydén | Posted on June 24, 2014
On 20 June 2014, the U.S. Supreme Court handed down an important decision, Alice v. CLS Bank, clarifying the extent to which business methods can be patented. The earlier stages of the proceedings have been well covered in the media as this is one of relatively few times the Supreme Court has interpreted 35 U.S.C....
Patenting software in the US
By Lasse Henze | Posted on June 17, 2014
On June 11, 2014 Awapatent hosted a seminar about software patenting in the US. The seminar was arranged by Danish-American Business Forum (DABF). US patent Attorney Eric S. Barr from Sughrue Mion PLLC was invited to give a talk about recent developments within this field. Eric gave a very informative and inspiring talk where he...
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Protecting the FIFA brands
By Hanna Hansson | Posted on June 10, 2014
With the 2014 FIFA World Cup coming up in Brazil times are busy for organizer The Fédération Internationale de Football Association, FIFA. FIFA continuously takes action against ambush marketers, advertising or promoting around the World Cup without authorization. The preparations of the 2014 FIFA World Cup were initiated several years ago and an important part...
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Tags: FIFA, trademarks
Adopting a stricter view on ethics?
By Vibeke Warberg Rohde | Posted on June 3, 2014
The everyday work of an IP attorney may seem to amount largely to pencil pushing, but it does in fact involve a surprisingly large number of decisions, where moral issues have to be considered. For instance, can I take on this new client without risking to step on existing clients’ toes? Events of the last...
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The life sciences patent maze – USA
By AWA | Posted on May 27, 2014
ON MARCH 4, 2014, the US Patent Office issued new guidelines on how to evaluate the patentability of inventions reciting or involving “laws of nature/natural principles, natural phenomena, and/or natural products”. Considering the fact that the first federal patent statute of the United States was established in 1790, one might be inclined to believe that...
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Tags: life science, patents, USA, USPTO
The new unitary patent opens many opportunities
By Eva Carlsson | Posted on May 19, 2014
One of the most significant issues within the European patent industry concerns the unitary patent and the courts which will belong to the new system. In December 2012 the EU made the historic decision on introducing a new patent system, but many detailed issues still need to be resolved. The current system, the European Patent...
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