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European Practice for Overseas Attorneys
European Practice for Overseas Attorneys European patent law differs in some significant aspects from the law in other countries, in particular the United States. This note sets out some important features of European patent law to remember when preparing patent applications for Europe. For more detailed drafting tips, see our briefing note"Drafting Patents for Europe". Novelty Claiming priority According to European patent law, an invention is considered The European rules on claiming priority are in accordance new if it has not been made available to the public anywhere with the Paris Convention, so that priority can be claimed in the world before the priority date of the patent application. within one year of the first regular national filing in a An invention is "made available to the public" if knowledge Convention country. If a second priority application is filed of the claimed features of the invention was available to any and the European application is filed within one year of the person who was not under an obligation to keep the invention second but not the first application, priority is lost for matter confidential. which was in the first priority application, and it has the date of the European filing only. This most commonly occurs A novelty-destroying disclosure can be in any form, for when the second application is a Continuation-in-Part (CIP) example an oral description or a public display of the relevant application and can be very serious if there is a European features of the invention, as well as printed publications. (or PCT) application corresponding to the US parent, as this This means that public prior use of the invention anywhere in will be at least novelty-only prior art. -
The European Patent Convention and the London Agreement
Feature European changes The European Patent Convention and the London Agreement EPC 2000 – why change? By Pierre-André Dubois and Shannon The EPC 1973 came into force in 1977 and Yavorsky, Kirkland & Ellis International LLP revolutionised patent practice. However, in the last 30 years, the patent landscape The European Patent Convention (EPC 2000) changed significantly and it became apparent came into force on 13th December 2007, that there was a real need to overhaul the introducing sweeping changes to the dated legislation. First, the Agreement on European patent system. The new Trade Related Aspects of Intellectual convention governs the granting of European Property Rights (TRIPs) and the Patent Law patents by the European Patent Office (EPO) Treaty (PLT) came into force, and it was and applies throughout the 34 contracting questionable whether the EPC 1973 was in states of the European Patent Organisation line with the provisions of each of these (ie, the 27 EU Member States as well as agreements. As one example, the EPC 2000 Croatia, Iceland, Liechtenstein, Monaco, clarifies that, in accordance with TRIPs, Norway, Switzerland and Turkey). The original patents can now be granted in all fields of convention (EPC 1973), which dates back to technology as long as they are new, 1973, was outdated due to a number of comprise an inventive step and are developments in international law and the susceptible of industrial application. Second, need to improve the procedure before the the EPC 1973 was difficult to amend and, in EPO. While the new convention does not the face of fast-changing technology and overhaul substantive patent law (ie, what European legislation, required greater is patentable and what is not), it does legislative flexibility. -
En Munich, 23.11.2018 SUBJECT: Future
CA/99/18 Orig.: en Munich, 23.11.2018 SUBJECT: Future EPO building projects – Orientation paper SUBMITTED BY: President of the European Patent Office ADDRESSEES: Administrative Council (for opinion) SUMMARY This document describes the status of the EPO premises and the related building activities to be further elaborated on in the coming months for a more detailed proposal to the Administrative Council in June 2019. By then the different possible scenarios and their pros and cons will have been evaluated for further decision-making, and initial time schedules and cost estimates for the preferred scenarios will be presented. CA/99/18 e 2018-5337 - I - TABLE OF CONTENTS Subject Page I. STRATEGIC/OPERATIONAL 1 II. RECOMMENDATION 1 III. MAJORITY NEEDED 1 IV. CONTEXT 1 V. ARGUMENTS 3 A. MUNICH 3 B. THE HAGUE 6 C. BERLIN 8 D. VIENNA 8 VI. FINANCIAL IMPLICATIONS 10 VII. DOCUMENTS CITED 10 VIII. RECOMMENDATION FOR PUBLICATION 10 CA/99/18 e 2018-5337 I. STRATEGIC/OPERATIONAL 1. Strategic II. RECOMMENDATION 2. The Council is requested to give an opinion on this orientation paper. III. MAJORITY NEEDED 3. N.A. IV. CONTEXT 4. The President presented the overall strategy for building management and a status review of the EPO premises in his last activities report (CA/88/18). It is stated there that the EPO's building strategy is to deliver a modern working environment along with efficient and effective space management and to preserve the value of the EPO's assets. The Office's main goals for its buildings and the layout of workplaces are: Transparent, flexible and modern workplaces to foster collaboration Similar working conditions for all EPO staff at all sites Working conditions that improve staff well-being Maintenance to preserve asset value Increased sustainability and, in particular, reduction in carbon dioxide footprint Compliance with changing legal requirements to continuously ensure safety and security. -
A Mission Impossible? an Assessment of the Historical and Current Approaches Mauricio Troncoso
Marquette Intellectual Property Law Review Volume 17 | Issue 2 Article 3 International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches Mauricio Troncoso Follow this and additional works at: http://scholarship.law.marquette.edu/iplr Part of the Intellectual Property Commons Repository Citation Mauricio Troncoso, International Intellectual Property Scholars Series: European Union Patents: A Mission Impossible? An Assessment of the Historical and Current Approaches, 17 Intellectual Property L. Rev. 231 (2013). Available at: http://scholarship.law.marquette.edu/iplr/vol17/iss2/3 This International Intellectual Property Scholars Series is brought to you for free and open access by the Journals at Marquette Law Scholarly Commons. It has been accepted for inclusion in Marquette Intellectual Property Law Review by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact [email protected]. TRONCOSO FORMATTED FINAL (DO NOT DELETE) 5/24/2013 1:09 PM INTERNATIONAL INTELLECTUAL PROPERTY SCHOLARS SERIES* EUROPEAN UNION PATENTS: A MISSION IMPOSSIBLE? AN ASSESSMENT OF THE 1 HISTORICAL AND CURRENT APPROACHES MAURICIO TRONCOSO** I. INTRODUCTION .......................................................................................... 233 II. THE FIRST APPROACHES ........................................................................... 233 A. Original Design ............................................................................ -
Patent Harmonisation and Utilisation: First Europe and Then the World?
Patent Harmonisation and Utilisation: First Europe and Then the World? Dr Mark Weaver 3 December 2009 Director Practice & Procedure Utilisation and Harmonisation - Drivers Challenges • Worldwide Patent Application Backlogs - Millions • Duplication of Work • Increased Costs • Lack of Consistency • Increased Legal Uncertainty Possible Solutions • Utilisation and Work Sharing • New Bilateral or Multi-Lateral Agreements • Improve on Existing Work Sharing Agreements • Substantive Patent Law Harmonisation • Simplified Language Requirements First Europe ... European Patent Landscape EPO - 36 Member States Unified Patent Litigation System Austria • Belgium • Bulgaria • Croatia • UPLS Cyprus • Czech Republic • Denmark • Estonia • Finland • France • Germany • Greece • Hungary • Iceland • Ireland • Italy • Latvia • Liechtenstein • Lithuania • Luxembourg • Former Yugoslav Republic of European and Macedonia • Malta • Monaco • Netherlands • Community Norway • Poland • Portugal • Romania • Community San Marino • Slovakia • Slovenia • Spain • Patents Court Patent Sweden • Switzerland • Turkey • United Kingdom ECPC European patent applications and patents can European also be extended at the applicant's request to Enhanced Patent Network the following states: Partnership Albania • Bosnia-Herzegovina • Serbia EPN Status: December 2009 European Patent Landscape • Unified Patent Litigation System • Draft Council Conclusions on an enhanced patent system in Europe http://register.consilium.europa.eu/pdf/en/09/st14/st14040.en09.pdf • Draft Council Agreement -
Understanding the Unified Patent Court: the Next Rocket-Docket for Patent Owners?
ABA Section of Intellectual Property Law Landslide Magazine March/April 2016 Understanding the Unified Patent Court: The Next Rocket-Docket for Patent Owners? By Kevin R. Greenleaf, Michael W. O’Neill, and Aloys Hüettermann Kevin R. Greenleaf is a counsel at Dentons US LLP where he specializes in PTAB post-grant proceedings. He can be reached at [email protected]. Michael W. O’Neill is of counsel at Dentons US LLP in Washington, DC, and a former Administrative Patent Judge from the United States Patent and Trademark Office. He specializes in PTAB post-grant proceedings. He can be reached at [email protected]. Dr. Aloys Hüttermann is a German and European patent and trademark attorney and a partner at Michalski Hüttermann & Partner. He specializes in chemistry, bioorganic chemistry, and pharma, and can be reached at [email protected]. Much like Americans, Europeans are revising their patent laws to include a new litigation-style proceed- ing to determine patent validity and infringement. These proceedings will take place in the Unified Patent Court (UPC), which will be installed together with the unitary patent (UP), the latter allowing a single patent for nearly all of Europe. Such a revision will be the greatest change in European patent law since the establishment of the European Patent Office (EPO) in the 1970s. American patent practition- ers need to understand how the new UPC will operate. Europeans can learn from the American experi- ence of establishing the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO). The upcoming UPC is based on an international treaty; however, only European Union (EU) member states can join. -
PCT Applicant's Guide – National Phase
DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 1 GERMAN PATENT AND TRADE MARK OFFICE (DEUTSCHES PATENT- UND MARKENAMT) AS DESIGNATED (OR ELECTED) OFFICE CONTENTS THE ENTRY INTO THE NATIONAL PHASE—SUMMARY THE PROCEDURE IN THE NATIONAL PHASE ANNEXES Fees ............................................................... Annex DE.I National processing request form (patents) .................................. Annex DE.II National processing request form (utility models) .............................. Annex DE.III Declaration concerning the inventor ....................................... Annex DE.IV List of abbreviations: Office: German Patent and Trade Mark Office PatG: Patent Act [Patentgesetz] GebrMG: Utility Model Act [Gebrauchsmustergesetz] IntPatÜbkG: Act on International Patent Conventions [Gesetz über internationale Patentübereinkommen] PatKostG: Patent Costs Act [Patentkostengesetz] PatKostZV: Ordinance on Payment of Patent Costs of the German Patent and Trade Mark Office and the Federal Patent Court [Patentkostenzahlungsverordnung] DPMAV: Ordinance concerning the German Patent and Trade Mark Office [Verordnung über das Deutsche Patent- und Markenamt] (25 March 2021) DE PCT Applicant’s Guide – National Phase – National Chapter – DE Page 3 SUMMARY Designated SUMMARY (or elected) Office DE GERMAN PATENT AND DE TRADE MARK OFFICE Summary of requirements for entry into the national phase Time limits applicable for entry into the Under PCT Article 22(1): 30 months from the priority date national phase: Under PCT Article -
EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007
EUROPEAN PATENT OFFICE Guidelines for Examination General Part Amended in December, 2007 CONTENTS 1. Preliminary remarks 2. Explanatory notes 2.1 Overview 2.2 Abbreviations 3. General remarks 4. Work at the EPO 5. Survey of the processing of applications and patents at the EPO 6. Contracting States to the EPC 7. Extension to states not party to the EPC 1 1. Preliminary remarks In accordance with Art. 10(2)(a) of the European Patent Convention (EPC), the President of the European Patent Office (EPO) had adopted, effective as at 1 June 1978, the Guidelines for Examination in the European Patent Office. These Guidelines have been and will be updated at regular intervals to take account of developments in European patent law and practice. Amended or new text (as compared to the latest previous version only) is indicated by a vertical line in the right-hand margin. Mere deletions are indicated by two horizontal lines in the right-hand margin. Usually, updates only involve amendments to specific sentences or passages on individual pages, in order to bring at least part of the text more closely into line with patent law and EPO practice as these continue to evolve. It follows that no update can ever claim to be complete. Any indication from readers drawing the attention to errors as well as suggestions for improvement are highly appreciated and may be sent by e-mail to: [email protected] The Guidelines for Examination in the European Patent Office are also published by the EPO in an electronic, searchable form on the Internet via the EPO website: http://www.epo.org 2. -
Guidelines for Examination in the European Patent Office
GUIDELINES FOR EXAMINATION IN THE EUROPEAN PATENT OFFICE Published by the European Patent Office Published by the European Patent Office Directorate Patent Law 5.2.1 D-80298 Munich Tel.: (+49-89) 2399-4512 Fax: (+49-89) 2399-4465 Printed by: European Patent Office, Munich Printed in Germany © European Patent Office ISBN 3-89605-074-5 a LIST OF CONTENTS page General Part Contents a 1. Preliminary remarks 1 2. Explanatory notes 1 2.1 Overview 1 2.2 Abbreviations 2 3. General remarks 3 4. Work at the EPO 3 5. Survey of the processing of applications and patents at the EPO 4 6. Contracting States to the EPC 5 7. Extension to states not party to the EPC 5 Part A – Guidelines for Formalities Examination Contents a Chapter I Introduction I-1 Chapter II Filing of applications and examination on filing II-1 Chapter III Examination of formal requirements III-1 – Annex List of Contracting States to the Paris Convention (see III, 6.2) III-20 Chapter IV Special provisions IV-1 Chapter V Communicating the formalities report; amendment of application; correction of errors V-1 Chapter VI Publication of application; request for examination and transmission of the dossier to Examining Division VI-1 Chapter VII Applications under the Patent Cooperation Treaty (PCT) before the EPO acting as a designated or elected Office VII-1 Chapter VIII Languages VIII-1 Chapter IX Common provisions IX-1 Chapter X Drawings X-1 Chapter XI Fees XI-1 Chapter XII Inspection of files; communication of information contained in files; consultation of the Register of European -
An Open-And-Shut Case the Diplomatic Conference To
International Journal of Communications Law and Policy Issue 6, Winter 2000/2001 AN OPEN-AND-SHUT CASE THE DIPLOMATIC CONFERENCE TO REVISE THE ARTICLES OF THE EURO- PEAN PATENT OFFICE VOTES TO MAINTAIN THE STATUS QUO REGARDING SOFTWARE PATENTS IN EUROPE PENDING ISSUANCE OF A NEW SOFTWARE PATENT DIRECTIVE BY THE EUROPEAN UNION by Erwin J. Basinski, Esq. ** A. Introduction The majority of EPC States decided that the issue of changes to delete the prohibition against computer programs as such should be deferred pending the review being carried out by the European Commission in preparation for the proposed EU Directive on Software Patents. There would then be the possibility of including a subsequent amendment to Article 52 after the EU Software Patent Directive is issued. As to the pending Software Patent Directive, on 19 October 2000, the European Com- mission launched consultations (i.e. requests for comments) via the Internet on the patentability of computer-implemented inventions, requesting that interested parties submit comments to the EC prior to December 15, 2000. It was reported that over 60,000 comments were received from independent software developers and small to medium business enterprises (SME) in Europe as a result of a concerted lobbying campaign against software patents by the Open Source Soft- ware community in Europe. Some comments, both pro and con are now available for viewing on the EU web site. It is understood that the EU is soliciting additional economic studies and will begin the draft of the Software Patent Directive shortly. B. Background Software patents have been granted in Europe for many years. -
Copyright to Protect Intellectual Property Rights in Cdna, a Better Legal Regime Than Patent Law?
Copyright to protect intellectual property rights in cDNA, a better legal regime than patent law? Michael Christian van Staveren BA ANR 444484 Thesis supervisor and first reader: Ivan Skorvanek PhD Second reader: Maša Galič PhD Abstract: cDNA (or complementary/engineered DNA) applications are a growing trend in the Biotechnology sphere. cDNA strands are DNA strands that are artificially created. These engineered DNA strands can be used to change the properties of vegetables, livestock, or to find and scope out cancerous mutations in human beings. The possibilities seem endless. Because this industry is a rapidly growing one, the current legal regime might not be suited for cDNA anymore. But is this really the case? The current legal regime is patent law. In literature, it has been proposed to have copyright law be applicable to cDNA. The reasoning behind this is that copyright would be perfect, since it shares many similarities with computer code which can already fall under the copyright regime. It is also much cheaper, and there are no formal requirements. In this thesis, I will evaluate the arguments in favor of making such a change. I will also discuss the counterarguments. My conclusion will be that a hybrid system or a change from one system to another might not be the best solution. I propose a semi-hybrid system. The idea is that copyright law would protect cDNA applications from the moment they are created, up until they receive patent protection. This way cDNA is protected by copyright law but will in the end transition to patent law, which is arguably more robust. -
The European Union's Self-Defeating Policy: Patent Harmonization and the Ban on Human Cloning Robin Beck Skarstad*
COMMENTS THE EUROPEAN UNION'S SELF-DEFEATING POLICY: PATENT HARMONIZATION AND THE BAN ON HUMAN CLONING ROBIN BECK SKARSTAD* 1. INTRODUCTION The European Parliament's1 approval of a directive,2 ten years in the making, represents a huge step towards improving the cli- * I appreciate the time and effort comment editor Eric Green devoted to this piece. I would also like to thank my husband Erik, my sister Jodi, and my parents Robert and Elaine for listening, supporting, and believing long before this piece was ever written. ' The European Parliament, located in Strasbourg, is a governmental body of the European Community ("EC") created by the founding Treaty on Euro- pean Union. See TREATY ESTABLISHING THE EUROPEAN COMMUNITY, Feb. 7, 1992, OJ. (C 224) 1 (1992), [1992] 1 C.M.L.R. 573 (1992) [hereinafter Maas- tricht Treaty]. It is composed of representatives of the member nations ("MEP"s) who are elected to five-year terms. Although it has recently taken on a greater legislative role, the European Parliament is primarily a consulta- tive and supervisory body. It has the power to refuse assent to agreements and protocols, which is, in effect, a veto power. The European Commission is ac- countable to the Parliament who can censure and require Commissioners' res- ignations. The Parliament also monitors the activities of other European Un- ion ("EU") institutions through committees of inquiry and is empowered to conduct inquiries into complaints or petitions and bring proceedings before the Court of Justice. The Treaty Establishing the European Community defined the Parliament as a consultative body whose views should be taken into con- sideration regarding issues of common foreign and security policy in addition to activities generally concerning Justice and Home Affairs.