Insights

Is the era of cascading divisionals coming to an end?

By AWA | Posted on October 6, 2009

Filing a divisional used to be a common procedure before oral proceedings as well as before grant of a patent. But for European applications this possibility has now been drastically restricted, and  new rules concerning divisionals (rule 36 EPC) will be in place from April 1, 2010. Until recently there were considerable uncertainties regarding the application...

Tags: divisionals, european applications, Patent

Changes to the German Intellectual Property Laws

By AWA | Posted on September 24, 2009

A series of changes to the German intellectual property laws was recently passed by the German parliament. The reforms enter into force on 1 October 2009. Of greatest importance are the changes to the patent law regarding patent invalidity proceedings. The changes aim at speeding up the process by limiting the possibility of making changes...

Tags: fee, filing, german intellectual property, patent application

Utility models are not what they used to be, at least not in Germany

By Kim Garsdal Nielsen | Posted on September 7, 2009

The German Supreme Court (Bundesgerichtshof) has ruled that there cannot be any difference between patents and utility models in the requirement for inventive step. Consequently, it will in most cases no longer make any sense to branch off a German utility model from a patent application if the latter is rejected because of lack of...

Tags: Germany, patents, utility models

Is your supplier really cheap or just a wolf in sheep’s clothing?

By Ole Bokinge | Posted on August 19, 2009

It is well known that many companies, for cost reasons, choose to manufacture and buy products in low-cost countries, such as China. The possibility of manufacturing in low-cost countries is now being offered widely to Swedish companies through agents. These agents are often Swedes, who themselves have worked in production, procurement and logistics in such...

Tags: china, design, design registration, infringe, Patent

Centocor (Johnson & Johnson) awarded the largest patent verdict in U.S. history

By AWA | Posted on July 6, 2009

1.67 billion U.S. dollars, $1.16 billion in lost profit, and $504 million in royalties. That’s what Centocor is awarded in damages for infringement of their patents. On Monday, June 29, a jury found that Abbott Laboratories had willfully infringed two patents covering antibodies against tumor necrosis factor owned by Centocor. Abbott’s drug Humira was found...

Tags: Infringement, Patent, verdict

What are the consequences of the decision from the Federal Circuit on the new USPTO regulations?

By AWA | Posted on April 7, 2009

In August 2007 the United States Patent and Trademark Office (USPTO) issued a rules package intended to limit the number of patent claims in a single patent application to 25 (including a maximum of 5 independent claims) and also to restrict the possibility of filing what are known as “continuation applications”. The main aim of...

Tags: federal circuit, patent application, patent claims, uspto regulations

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...

Tags: EP application, epc divisionals

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...

Tags: EPC, EPO, Patent

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...