Insights
2 years to file EPC divisionals
By Eva Carlsson | Posted on April 6, 2009
The European Patent Office has decided to restrict the possibility for filing divisional applications. Under the current Rule 36 EPC a divisional application may be filed up to the grant of the parent application. According to the adopted amendments to Rule 36 (1) EPC the applicant has a basic right to file one or more...
New patent law in China
By Vibeke Warberg Rohde | Posted on March 17, 2009
As mentioned on this IP blog on 30 October 2008, a new Chinese patent law has been anticipated for some time. On 27 December the law was finally passed and it will come into force on 1 October 2009. Some of the most important changes seen from a European point of view will be summarized...
Tags: bolar exemption, china, patent law
EPO’s fight against divisional applications
By AWA | Posted on February 10, 2009
EPO is seeking to limit the submission of divisional applications, which would be a severe blow to small, newly started technical companies in particular. Although a stop was put to their latest proposal by the Committee on Patent Law, it is highly likely that despite this setback we will see a modified version put before...
Swedish Court of Patent Appeals remits cases to the Swedish Patent Office for further prosecution
By AWA | Posted on January 28, 2009
Background OMX Technology AB, who i.a. owns and runs the Stockholm Stock Exchange, filed Swedish patent application 0201756-4 on 10 June 2002 which subsequently was refused 12 March 2004 on the basis of lacking technical character and thereby being considered not to be regarded as an invention in accordance with 1 § PL, i.e. the...
Federal Circuit revises its decision in the “Comiskey case”
By AWA | Posted on January 28, 2009
On January 13, 2009 the United States Court of Appeals for the Federal Circuit (CAFC) published an amended decision in the Comiskey case, revising its original decision from 2007. The Comiskey patent application claims a method and system for mandatory arbitration involving legal documents such as wills or contracts. In the original decision the CAFC...
No conflict between scientific research and commercialisation
By AWA | Posted on January 7, 2009
It’s a widely held myth in the world of medical research that patent is a dirty word, merely a way of making money out of your research. In actual fact, applying for a patent has much in common with publishing a paper in a scientific journal. The difference is in the purpose of the exercise....
Controversial gene patents finally decided by the EPO
By Niklas Mattsson | Posted on November 27, 2008
During the last decade, the debate in Europe regarding the patentability of human gene inventions has been heavily influenced by “the Myriad case”, concerning patent applications by Myriad Genetics Inc (and others) that relate to the breast cancer susceptibility genes BRCA1 and BRCA2. Through two decisions spaced less than a week apart, the European Patent...
Tags: EPO, gene patents
Customs and police – reluctant to help?
By AWA | Posted on October 22, 2008
Are Swedish customs officers and police reluctant when it comes to helping IP rights holders combat illegal copying? It may look like that – at least when they are compared with their colleagues in Germany. Recently we have seen proof that their German counterparts can mobilise huge resources when this is necessary. At the IFA...
UK Court grants software patent
By AWA | Posted on October 15, 2008
In its ruling on October 8, 2008, the British Court of Appeal confirmed the decision of the High Court that the invention claimed in GB application 0325145.1 by Symbian Ltd is patentable under UK law. The claimed invention relates to a new and improved way to access DLL (dynamic link library) files in an operating...
When is sixty days from now? – Cheap and expensive strategies when being late
By Mikael Henriksson | Posted on September 16, 2008
Ever been late? Then you know that there are two basic types of strategies for handling the situation: I Was Not Late and It Was Not My Fault. These two strategies are well illustrated in some recent cases concerning applications for patent term extension before the US Patent and Trademark Office, one of them involving...
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