awapatent
UK inches towards UPC ratification
By Alicia Kim | Posted on January 16, 2017
There was a sigh of relief at the end of November when the UK announced that it would proceed with the ratification process to implement the UPC in spite of Brexit. This renewed the hope that the UPC will come in to force in 2017 as planned. Whilst this was good news, what did it...
Tags: awapatent, Brexit, patents, ratification, UK, unified patent court, UPC
Danish designer barred from using own name as trademark
By AWA | Posted on December 22, 2016
About a year ago the Danish Commercial and Maritime Court gave their decision in a case between Topbrands and the Danish designer Benedikte Utzon. You can read about it here. In short, the court found that Benedikte Utzon could no longer use her name as a trademark in any commercial activities within jewellery, leather goods...
Tags: awapatent, Trademark
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
European Patent Office: New PPH agreements on the way
By Troels Peter Rørdam | Posted on October 20, 2016
The ever expanding Patent Prosecution Highway (PPH) network keeps getting new additions, and as usual, the AWAPATENT IP Blog sums up the new expansions and arising possibilities. The PPH is a system of bilateral agreements allowing for requesting accelerated examination at one participating office. The system is based on the search results and a set...
The value of design patents
By Joacim Lydén | Posted on October 18, 2016
It is a perfectly clear, crisp morning as I make my way from Washington DC’s Union Station, through a clean and perfectly trimmed Senate Park, to the white neoclassical palace that houses the United States Supreme Court. The wide pavement and massive stairs leading to the building’s entrance is filled with journalists, photographers and television...
Tags: awapatent, IP, Patent, Trademark, USA
IP Law – How hard can it be?
By AWA | Posted on October 5, 2012
My trainee colleagues and I are now in the final stage of our first 5-week theory period. So many new impressions, new colleagues and new information have opened up for us, revealing an exciting new world of IP law. When I first applied for the Trainee program, I had very little knowledge of the many...
Tags: awapatent, IP, trainee programme
Chinese focus on IP
By Vibeke Warberg Rohde | Posted on October 1, 2012
Recently representatives of Awapatent participated in the China Intellectual Property Focus 2012 conference in Shanghai. Our participation is a part of our effort to make Awapatent’s name known in China, but we also believe that it is important to contribute to the growing IP awareness in China. Accordingly, Mikael Bergstrand from our Malmö office gave...
Busy weeks of practice
By AWA | Posted on November 4, 2011
This is now the third week of the first practice period at the home office. Now I find myself thinking about IP everywhere I go; when I see a logotype, when I see a clever invention, even when I see the tiny TM-mark after a company name. I am becoming someone who must tell her...
Patentability of inventions relating to human embryonic stem cells
By AWA | Posted on October 20, 2011
The Court of Justice of the EU (CJEU) has recently issued a decision clarifying the situation on patentability, in Europe, of inventions relating to human embryonic stem cells. In the decision it is declared that the concept of a “human embryo”, the exploitation of which is excluded from patentability according to the EU Biotechnology Directive...
Tags: awapatent, CJ, EPO, Patent, Stem cells
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