Patent
The on-sale bar under the AIA
By AWA | Posted on October 23, 2013
Do non-public sales in Europe destroy novelty in the U.S.? Among the many news that applicants have had to digest in the America Invents Act, the revised on-sale bar may be one of the more intriguing. Before the law reform, grant of a patent was excluded whenever the invention was … in public use or...
The pride and joy of working as a Patent Attorney
By Love Koči | Posted on October 9, 2013
What was your dream job as a child? My best guess would be astronaut, musician, actor, fireman, veterinarian or soccer player. But what about Patent Attorney? Not on your list? Definitely, the dream job changes if you ask a child compared to a university student or a newly-graduated student. Lists are regularly published regarding the...
Is it worth the effort to appeal a decision made by the DKPTO?
By Troels Peter Rørdam | Posted on November 14, 2012
Danish case law regarding patents shows that in a vast majority of cases, the Danish Board of Appeal (BoA) for Patents tend to follow the recommendation of the DKPTO. This has caused reason to pose the question of whether the Danish BoA for Patents tends to put too much weight on the recommendations of the...
Tags: Board of Appeal, Denmark, Patent
Design just as important as technical issues in Apple vs. Samsung verdict
By AWA | Posted on August 31, 2012
The dispute between Apple and Samsung on smartphones and tablets has received much public attention. Recently, a landmark verdict was reached when a California based court decided in Apple’s favour. Samsung now has to pay at least one billion US dollars to Apple, who also has sought a sales ban in the USA on a...
Tags: design protection, Infringement, Patent, Software, USA
Which business methods are patentable in the US?
By AWA | Posted on February 9, 2012
When the Bilski decision was handed down by the US Supreme Court in 2010, it was taken as a clear indication that business methods would now be more difficult to patent in the US. After all, the Supreme Court came to the conclusion that the subject-matter at stake, a method for hedging risk, was abstract,...
Tags: business methods, Patent, US
Court of Justice of the EU confirms zero or negative duration for SPCs
By Sidsel Hauge | Posted on December 13, 2011
On 8 December 2011, the Court of Justice of the European Union (CJEU) issued its judgment in case C-125/10 (“Merck”). This case concerns the duration of a Supplementary Protection Certificate (SPC) according to Article 13 of the SPC Regulation EG/469/2009. Summary of the case Merck applied for a SPC for the product Sitaglipin under conditions...
Tags: CJ, ECJ, Patent, Pharmaceuticals, SPC
Focus on China
By Niklas Mattsson | Posted on November 18, 2011
The fact that China is growing in importance is well known. To Awapatent, this growth is visible in our day-to-day work, both from the questions we get about IP in China from our European clients, and from the growing demand for our services as a European firm for Chinese clients. Naturally, we make it a...
Don’t be in the wrong room!
By AWA | Posted on November 14, 2011
Someone once said that “if you are the smartest person in the room, you are in the wrong room”. Here at Awapatent, as long as you’re not alone at the office, the risk of being in the wrong room is small. This comes as no surprise if you know something about the work at an...
Cooperative Patent Classification – a new patent classification system
By Troels Peter Rørdam | Posted on November 2, 2011
Everybody who ever conducted patent litterature searches knows the problems arising from the very different criteria for classifying patents in the respective patent classification systems used in Europe by the EPO, ECLA (European CLAssification), and in the USA by the USPTO, USPC (US Patent Classification. Fortunately the solution is nearby! The EPO and the USPTO have...
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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