"Filing strategies, enforcement and clearing the path in a Unitary Patent world"

In their article on Managing Intellectual Property magazine, the patent practitioners Thomas Prock and Michael Moore are discussing the upcoming unitary patent protection system and practical conclusions on its future implementation.

“The fragmented nature of the current European patent system runs contrary to the EU ideal of a unified market and has provided the political momentum behind the multi-national Unitary Patent (UP) and the Unified Patent Court (UPC) system.”

Please click here to read the full article.


European patents to cover Moldova

As of 1 November, patent applicants will be able to validate their European patent applications and patents in Moldova, obtaining the same rights and legal protection as national patents granted in Moldova.

This is the result of a validation agreement signed between the European Patent Office (EPO) and the Republic of Moldova that brings to 42 the number of countries for which patent protection can be obtained simultaneously with a single European patent application.

Further information is available here.


Italy joins the unitary patent

Italy has joined the unitary patent system, becoming the 26th member of the enhanced cooperation on unitary patent protection. This decision will make the unitary patent even more attractive for companies and inventors, who will be able to use the single procedure for the registration of patents within the EU territory except Spain and Croatia.  

The unitary patent system will need to be ratified by at least 13 states, including France, Germany and the UK to enter into force, which is expected to take place by the end of 2016. Once in force, the unitary patent will be an important tool for European innovative start-ups and SMEs aiming at operating cross-border.

Further information is available here.


Full-length Chinese documents in English are now available within PATENTSCOPE

Users of PATENTSCOPE, the on-line patent search tool developed by the World Intellectual Property Organization (WIPO), can now benefit from translation of full-length Chinese documents into English and vice versa thanks to WIPO Translate, the WIPO machine translation service.

The PATENTSCOPE database allows the users to search 49 million patent documents with collections from more than 40 national and regional offices including 2,8 million published PCT applications in full text format.

For more information, please click here.

To access the PATENTSCOPE database, please click here.


New Examination Guidelines from the European Patent Office

The European Patent Office (EPO) has published updated versions of the two following guidelines for examination of patent applications:

  • November 2015 edition of “The Guidelines for Search and Examination at the EPO as PCT authority”: giving instructions on the practice and procedure to be followed in handling of international applications before the EPO as International Searching Authority and International Preliminary Examining Authority.
  • November 2015 edition of “The Guidelines for Examination in the EPO”: giving instructions on the practice and procedure to be followed in the examination of European applications and patents in accordance with the European Patent Convention and its Implementing Regulations.

Both guidelines will enter into force as from 1 November 2015.

Further information, along with the full texts of the updated guidelines, is available at the following links:

The Guidelines for Search and Examination at the EPO as PCT authority

The Guidelines for Examination in the EPO


WIPO Intellectual Property Advantage database

The World Intellectual Property Organization IP Advantage database contains a wide range of case studies giving real examples on intellectual property protection (patents, trade marks, and industrial designs), management and exploitation. The database is an extensive source of information and best practices for Small and Medium-sized enterprises dealing with IP.  

You can access the database here.


OHIM's report on the economic cost of IPR infringement in sports equipment sector

A new study of the Office for Harmonization in the Internal Market (OHIM), shows that the sales lost due to counterfeiting of sports equipment – not including sportswear – correspond to 6.5% of all sales in this sector across the 28 EU Member States.

The study, released through the European Observatory on Infringements of Intellectual Property Rights, entrusted to OHIM, also assesses the indirect effects of the counterfeit trade such as job losses.

Further information along with the full text of the report is available here.


Article on Patent licensing and cross-border insolvency

The Licensing Executives Society International (LESI) has realised an article on “Patent licensing and cross-border insolvency” written by the former LESI President Kevin Nachtrab.

The article deals with patent licenses from private international law aspect and discusses the two different regimes of cross-border insolvency proceedings under UNCITRAL (United Nations Commission on International Trade Law) Model Law on Cross-Border Insolvency and European Council's related Regulation by giving concrete examples.

Please click here to read the full article.

European IPR Helpdesk Bulletin Issue (18)

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.

This Bulletin issue firstly presents Intellectual Property as an economic value for Small and Medium-sized Enterprises (SMEs) by introducing the IPR Business Insight. Reading this issue, you will also discover that companies which own intellectual property are more successful on the market and that different motives behind patenting exist depending on the size of the enterprise.

Thinking on the growing importance of the Internet as a business tool for SMEs, the Bulletin features an article on hyperlinking giving practical recommendations on how to avoid IPR infringement. Regarding the EU funded projects, this issue offers an interesting article on the applicability of the Horizon 2020 IP rules in Eurostars.

Furthermore, OHIM introduces the Harmonised Database and its advantages for trade mark applicants when building their list of goods and services.

As always, the issue reports information about training and events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a brand new trade mark crossword for those who enjoy challenges.

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