Intellectual Property Expert Group
Intellectual Property Expert Group
Before the Brexit referendum in June 2016, it was commonly believed that the unitary patent system, which was intended to be implemented in early 2017, would be delayed for an unforeseeable period if the UK decided to leave the European…
After Britain’s public vote to leave the EU, the question comes up – in as far as intellectual property is concerned – what effect the Brexit has for the Unitary Patent (also referred to as “UPC”) project that finally seemed…
A small revolution is about to happen in European Patent Practice. Professionals in IP have been brought up with the notion that after grant, a European patent is nothing more than a bundle of national patents in a number of…
Now European Patent with unitary effect finally got the final blessing, it is time look into some of the details of the EU Regulation “Implementing Enhanced Cooperation in the area of the Creation of Unitary Patent Protection” 1257/2012 (UnitaryPatent Regulation…
On 19 February 2013, officials from 24 European Member States signed the Unified Patent Court agreement establishing a Unified Patent Court (“UPC Agreement).[1] When you read this, Bulgaria will probably have signed as well. Poland and Spain did not sign…
It looks as if the discussion never ends. Yes we paying again attention to the patent that should be a “unitary” patent. Well not unifying, that’s for sure. Politicians may give the impression they reached a “compromise” but the fact…
Dr. Pagenberg, for long a standing member of the Expert Committee of judges and attorneys assisting the legislative process to create a single EU Patent Court, devoted most of his time in the last three years to this project, during…
Das „Package“ der europäischen Patentgerichtsbarkeit besteht aus zwei Verordnungsentwürfen, der eine zur Sprachenfrage und der andere zum Einheitspatent („EU-Patent“), sowie dem Entwurf für ein Übereinkommen für ein einheitliches Patentgericht[1]. Nach erheblichem Widerstand aus Nutzerkreisen wegen zahlreicher Mängel von Abkommen und…
EPLAW, the European Patent Law Association is vehemently against the rickety proposal the Polish EU presidency put forward for the EU Unitary Patent Court. Its president, Dr. Jochen Pagenberg, just posted a press release expressing EPLAW’s grave concerns: “European industry,…
Today and tomorrow the EU Competitiveness Council meets in Brussels under the current Polish Presidency. On December 2, EPLAW had its Annual Congress in Brussels. Needless to say what the main topic was: will the European Unitary Patent ever come…
In a time where Europe and especially the SMEs in Europe need more than ever an EU one stop shop, unitary, patent protection for their inventions, nobody seems to be able (or willing?) to cement unity in opinion – what…
The European Patent Lawyers Association (EPLAW), comprising lawyers with many years of experience in European patent litigation, closely follows the preparatory work for and the legal discussions around the creation of a European patent court system. With the EPO Academy…
The recent opinion by the European Court of Justice that the proposed EU Patent Court contravenes EU law, has caused many to believe that the EU patent court is at a dead end and that it is difficult – if…
On March 8, 2011 the highest EU Court, the European Court of Justice (ECJ) gave its ruling on the draft EU Patent Court or EEUPC. It does not look good at all, as the court concludes: “The envisaged agreement creating…
It seems like the proper moment to provide an update on where we are with the creation of a single EU patent and how this EU patent, once created, will be dealt with in Court if it comes to infringement…
The struggle to reach a single European Patent Court dominates “patent politics” in 2010 (see our June blog[1]). In September, some 120 patent judges from European Patent Convention states as well as guests from the US and Japan met in…
We blogged earlier on the 12 may 2010 G3/08 opinion of the Enlarged Board of Appeal of the European Patent Office (EPO) on the referral of 22 October 2008 by the President of the EPO on the patentability of Computer…
The creation of a new European Patent System meets some firm opposition and obstacles from various sides. Debates have been going on for decades now whether we should have a EU – or in older terms “Community” – Patent. Presently,…
Yesterday, December 13, 2007 the revised European Patent Convention (“EPC2000”) came into effect. It simplifies the patent application procedure before the EPO by eliminating unnecessary requirements and generalizes the BEST system (Bringing Search and Examination Together). It further makes the…
On 13 December 2005, Greece became the fifteenth Contracting State of the European Patent Convention to deposit its instrument of ratification or accession for EPC 2000. Fifteen was the magic number required to start the clock ticking and EPC 2000…