Patent

Inventive step criterion for patenting

The International Chamber of Commerce Commission on Intellectual Property has published a paper about the inventive step criterion for patenting. The report includes case studies illustrating how Intellectual Property Offices apply the inventive step criterion when assessing patentability. It also summarises the definitions of inventive step and non-obviousness and highlights the principles underlying their assessment.  

The full text of the document is available here.

 

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Unitary Patent renewal fees

The European Patent Office (EPO) has decided to adopt the “True Top 4” proposal for fees covering the territory of the participating 25 EU Member States and corresponding to the total sum of the renewal fees currently paid for the four most frequently validated countries (Germany, France, UK and the Netherlands). The situation of SMEs has been taken into consideration. The proposal contains a clause for possible revision after four years.

More information is available on the EPO website.

 

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European IPR Helpdesk Bulletin Issue (17)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available on-line.

In this issue we start by providing you with some new important aspects under Horizon 2020 Marie Skłodowska-Curie Actions.            

This Bulletin then brings you useful information related to counterfeiting and IP enforcement in Europe, including the advantages of the IP customs action as an effective tool against counterfeiting and Effective Dispute Resolution, a tool guiding the parties of a proceeding before the OHIM’s Board of Appeals in the resolution of their disputes.

You will also discover the importance of developing an IP protection strategy at the earlier stage of the conception of business models, as well as the functioning of WIPO Translate, a useful tool developed by the World Intellectual Property Organization.

As always, we also bring you a little patent quiz and information about training and events. In addition, this issue also has some fresh news on the Helpline service.

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New video tutorials on PATENTSCOPE

Six new video tutorials have been just made available on the World Intellectual Property Organization (WIPO) website explaining the PATENTSCOPE search system.

PATENTSCOPE is one of the world's largest free search systems for patent information, allowing to search 45 million patent applications from all around the world.

These tutorials allow users to familiarise themselves with the different search interfaces of the database and to learn how to read the result list.

Further information is available here.

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Spin-offs: an innovative idea is only the starting point

One day in August 2005, a student of Professor D. Iannuzzi at VU University Amsterdam came to his office because in his experiment on some quantum force measurements, he could not get rid of an artefact of the instrument he was using. To solve that specific problem, Professor Iannuzzi came up with the idea of fiber-top technology.
 
After testing the working principle with some colleagues, Professor Iannuzzi realized that that idea could have many applications well beyond what it was originally devised for. At that time the VU University Amsterdam TTO was still assembling its team and, to avoid slowing down the process, engaged the services of an external patent attorney for the preparation of possible patent applications.

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Advocate General’s opinion on standard-essential patent owners’ obligations

In a case (C-170/13) referred by the German Court to the Court of Justice of the European Union on standard-essential patent (SEP), the Advocate General Melchior Wathelet delivered his non-binding opinion to the Court suggesting that the owner of a standard-essential patent that seeks corrective measures or brings an prohibitory injunction without informing the alleged infringer about the infringing action in writing, giving reasons, and specifying the SEP concerned and the manner in which it has been infringed by the infringer, would be liable of abuse of a dominant position.

“The SEP-holder must, in any event, present to the alleged infringer a written offer of a licence on FRAND terms which contains all the terms normally included in a licence in the sector in question, in particular the precise amount of the royalty and the way in which that amount is calculated”, the Advocate General noted.

For more information and to read in full the Advocate General’s opinion, please click here.

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Advocate General recommends dismissing Spain’s challenges to Unitary Patent regulations

The Advocate General of the Court of Justice of the European Union, Yves Bot,  has delivered his opinion on Spain’s actions against the European regulations implementing enhanced cooperation in the area of the creation of unitary patent protection, and recommended that they must be dismissed.

In the Advocate General’s view “The unitary protection conferred provides a genuine benefit in terms of uniformity and integration, whilst the choice of languages reduces translation costs considerably and safeguards better the principle of legal certainty”.

For more information and to read in full the Advocate General’s opinion, please click here.

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IP leverage for biotechnical innovations

Biotechnology is a field where technology advances rapidly. For this reason, it is vital for any company operating in this sector to protect the innovations that they generate with Intellectual Property Rights (IPR).

In this case study you can see the example of Keygene, an SME that has been able to reap the entire benefit from their intellectual property capital by setting an IP strategy from the outset in line with their core business and put it into operational phases via proper IP management.

Thanks to this IP awareness and the implementation and constant revision of the company’s IP strategy, Keygene is leading the agro-food biotech sector in the EU market. Furthermore, they succeeded in expanding their B2B activities, supplying their products to seeds companies worldwide.

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PCT fee reductions for SMEs

The Patent Cooperation Treaty (PCT) assists applicants in seeking patent protection internationally for their inventions, helps patent offices with their patent granting decisions, and facilitates public access to a wealth of technical information relating to those inventions.  By filing one international patent application under the PCT, applicants can simultaneously seek protection for an invention in 148 countries throughout the world.

Reduction of up to 90% in certain PCT fees (Transmittal, International Filing, Search and Preliminary Examination) may be available to qualifying Micro, Small and Medium Enterprises (MSMEs) under certain conditions. 

Further information is available in the PCT fee tables here.

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Patents and Standards: A modern framework for standardisation involving intellectual property rights

The European Commission has launched a new consultation on the interplay between standardisation and intellectual property rights (IPR) such as patents.

The purpose of the present consultation is to allow stakeholders interested in standardisation involving patents to bring to the Commission's attention their views on:

  • how the current framework governing standardisation involving patents performs and
  • how it should evolve to ensure that standardization remains efficient and adapted to the fast-changing economic and technological environment.

This consultation will be open until January 31st, 2015.

For further information, please click here.

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