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Latest News
Information concerning EPO fee increases from 1 April 2008
The European Patent Office (EPO) is increasing its official fees from 1 April 2008. Generally the fee increases are modest, however, this is not the case for excess claims fees. Consideration should now be given to the number of claims in a European patent application.
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London Agreement to enter into force on 1 May
Following our earlier article it has been announced that France deposited the instrument of ratification of the London Agreement with the German Ministry of Justice on 29 January. According to Article 6 of the Agreement, the legislation will come into effect on the first day of the fourth month after the deposition; that is 1 May 2008.
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Increase in Claims Fee Costs
On 14 December 2007, the EPO made a decision to increase the fees for filing and prosecuting European patent applications, effective as of 1 April 2008. Most of the changes are uncontroversial and result in a small increase to the relevant fees. However, buried in the detail is a much more significant and controversial change, concerning the cost of EPO claims fees.
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EPC 2000 Now in Force
The amendments to the EPC that are collectively known as EPC 2000 came into force on 13 December 2007. Although there have been a large number of changes, the majority of these will not have a significant impact on European patent procedure. Where there have been more substantial changes, these are likely to benefit applicants, as a result of additional flexibility in areas such as filing requirements and correction of errors.
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Norway and Croatia become EPC contracting states
From 1 January 2008, applicants filing a European patent application will be able to designate Norway and Croatia.
This means that a European Patent can designate the following 34 member states:
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom.
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The EC joins International Design System
It has recently been announced that the European Community has acceded to the Geneva Act of the Hague Agreement. The Hague Agreement permits design protection to be obtained in participating countries through a single application, at a relatively low cost. Moreover, such design protection can then be maintained through a central renewal system administered by the World Intellectual Property Organisation (WIPO).
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French Senate approves London Agreement - European patent grant costs to plummet
The French Senate voted on 9 October 2007 by 280 votes to 33 in favour of the London Agreement. Consequently, all legal barriers have now been overcome and the London Agreement will come into effect four months after France deposits its instrument of ratification with the European Patent Office (EPO); implementation is expected in the first half of 2008.
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European Commission to investigate Qualcomm
Following the recent rejection of Microsoft's appeal against the European Commission's 2004 charges of anti-competitive behaviour, the Commission decided on 1st October 2007 to open a formal investigation into the behaviour of San Diego chipset manufacturer Qualcomm Incorporated, as a matter of priority. The investigation follows a number of complaints alleging that it is abusing its dominant position with regard to its ownership of intellectual property rights in mobile telecommunications standards, contrary to European competition law.
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Maximise your IP with Venner Shipley - Visit us at Bench2Boardroom, Chilford Hall Vineyard and Conference Centre, Cambridge 17 October 2007
Isla Furlong, Allie Elend, Ian Grey and Ed Harrison are representing Venner Shipley at Bench2Boardroom 2007, the UK's largest networking exhibition which brings together over 600 delegates and 80 companies offering services, products and advice to the UK's life science community.
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New UK-US 'Patent Prosecution Highway'
We recently reported on a new 'Patent Prosecution Highway' (PPH) between the UK Intellectual Property Office (UK-IPO) and the Japanese Patent Office, a form of accelerated examination in one of these offices when the other office, being the office of first filing, has found the claimed invention to be patentable. We can now report that a corresponding 12-month pilot PPH scheme has been launched between the UK-IPO and the US Patent and Trademark Office (USPTO).
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New UK - Japanese 'Patent Prosecution Highway'
Is there a quicker, cheaper way to gain a granted patent in the UK or Japan? One of the key recommendations of the Gowers Review of IP in the UK, which we reported here was that the UK Intellectual Property Office (UK-IPO) should pursue work sharing arrangements with other patent offices with the aim of minimising duplication of effort, thereby reducing the cost and time required to obtain patent rights.
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The divisionals saga - the long-awaited result!
In our Newsletter 20, published in October 2006, we reported on some potentially worrying European Patent Office (EPO) Board of Appeal decisions regarding divisional applications. As reported, those decisions led to questions being referred to the Enlarged Board of Appeal (EBoA) for guidance on the correct interpretation of the provisions governing divisional applications, namely Article 76 and Rule 25 EPC.
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New President outlines EPO's need to adapt to a Moving Landscape
On 1 July 2007 Alison Brimelow CBE, former Chief Executive of UKIPO, took up the post of President at the European Patent Office (EPO). In an interview published by the EPO, she has set out the challenges of a changing global patent system and how the EPO might respond to them.
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EPO relaxes requirements for Korean priority documents
In January 2007 the EPO relaxed the requirement for filing certified priority documents in certain circumstances. This procedure has now been extended to European patents application claiming priority from Korean patent applications.
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Hopes for Trade Mark Protection Washed Out
The Court of First Instance has again highlighted the difficulty faced by companies seeking trade mark protection for three dimensional shapes. Proctor and Gamble are the latest to have experienced this as their European Community trade mark applications for washing tablet shapes were rejected on the basis that the shapes lacked distinctiveness.
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Two Tribes Go to War
The Liverpool based 1980s pop group Frankie Goes to Hollywood Trade have recently been embroiled in another legal dispute. The latest round in the fight over the Frankie Goes to Hollywood Trade mark has been won by the four remaining members of the group, Peter Gill, Mark O'Toole, Paul Rutherford and Brain Nash against former singer Holly Johnson.
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Dispute over patent for broccoli with improved anti-cancer properties
In another referral to the EPO's Enlarged Board of Appeal, questions have been posed to establish what is meant by an “essentially biological process” for producing plants.
The European patent in question (EP 1069819) was granted to Plant Bioscience Ltd. back in 2002 and claims methods for producing broccoli plants that have an increased level of an anti-cancer compound, glucosinolate, as well as seeds and plants obtained by these methods.
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Celltech: A Trade Mark that is more than the sum of its parts
The European Court of Justice (ECJ) has upheld a decision of the Court of First Instance (CFI) that a Trade Mark made up of descriptive words could be registered. The CELLTECH Trade Mark covers a number of goods including 'surgical, medical, dental and veterinary apparatus and instruments', as well as several services relating to 'biological, medical and chemical sciences'. The ECJ found that although the Trade Mark could be understood as meaning 'cell technology', it was not descriptive in relation to the goods and services, and therefore could be registered.
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Boehringer: Parallel Imports and the Repackaging of Pharmaceuticals
The ECJ has taken the opportunity to re-examine the conditions that parallel importers must abide by when importing and repackaging the products of other manufacturers.
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Obviousness in the US and EPO following the Supreme Court opinion in KSR v Teleflex
In its opinion in KSR v Teleflex given on 30 April 2007, the United States Supreme Court has lowered the barrier for challenging a US patent on the grounds of obviousness, which will inevitably have repercussions in the way US patent applications are drafted. In doing so, the US test for obviousness has been brought much closer to the test employed by the EPO.
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A UK view on technical contribution, post-Aerotel/Macrossan
The recent months have seen the first applications of the most recent test for excluded subject matter, proposed in the Aerotel Ltd. v Telco Holdings Ltd. and others/Macrossan’s application [2006] EWHC Civ 1371. In particular, the first court decision based on this approach has been issued, providing further examples of the application of the test and interesting comments regarding the form and substance of claims to potentially excluded subject matter.
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Clarity sought for interpreting the exclusion from patentability of 'methods for treatment of the human or animal body by surgery.'
A new referral to the Enlarged Board of Appeal of the EPO (case number G 1/07) has been made including questions to clarify how the term “treatment by surgery” within the meaning of Article 52(4) EPC is to be interpreted.
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Compensation for infringement where a patent is later held invalid by the European Patent Office.
If you have a European Patent, in force in the UK, you can exercise your rights by bringing infringement proceedings in the UK national court. However, a granted European Patent can, at the same time, be challenged for validity in Opposition Proceedings before the European Patent Office (EPO).
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European Commission's vision for patents in Europe
On 3 April 2007, the Internal Market and Services Commissioner of the European Commission published a Communication in which the European Commission sets out its vision regarding the future of the patent system in Europe.
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Intellectual Property - Is it relevant to my business?
'Intellectual property' is the term given to a number of different legal rights that enable you to have a degree of ownership over things that have been created by you or by your employees. This means you can control the use of those things by others and prevent use of them without your consent. The four main types of intellectual property rights are copyright, designs, patents and trademarks.
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European Patent Law developments in Stem Cell research
Medical scientists and cell biologists have long heralded stem cell research as the next major revolution in medical therapy. However, the use of stem cells in research and treatment raises a number of ethical questions.
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Victory for BlackBerry as Court of Appeal upholds Patent Revocation
A decision finding a patent covering Blackberry's handheld technology invalid on the grounds of obviousness has been upheld by the Court of Appeal.
The patent (EP0892947), held by Inpro Licensing Sarl (Inpro) related to a computing system enabling handheld computer devices to view web pages via a proxy server. Research in Motion UK Ltd (RIM), the UK subsidiary of the provider of BlackBerry had sought revocation of the patent. Inpro counterclaimed against RIM and their licensee T-Mobile (UK) Ltd for patent infringement.
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Malta accedes to the PCT and to the European Patent Convention on 1 March 2007
Malta (MT) has deposited its instrument of accession to international patent system so that from 1 March 2007, any international (PCT) application will automatically include the designation of Malta.
Malta will also become bound by the European Patent Convention on the same date, becoming the 32nd EPC state.
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Model Makers, Car Manufacturers and Trade Marks
A recent legal decision from the European Court of Justice (ECJ) has highlighted some potentially important points concerning the production of model cars that use the recognised Trade Marks of the genuine car manufacturer.
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Dyson 'collection chamber'
not a Trade Mark
The European Court of Justice (ECJ) has recently indicated that a Trade Mark application by Dyson Limited for a “transparent bin or collection chamber” for a vacuum cleaner should not be registrable. The ECJ felt that Dyson were seeking registration of a “concept” and that this did not fulfil the basic legal requirements to qualify as a Trade Mark.
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Registered Community Design infringement - Judge provides valuable guidance to interpretation of Regulation
On 13 December 2006, Mr. Justice Lewison heard the case of Proctor & Gamble vs. Reckitt Benckiser, concerning alleged infringement of P&G's Registered Community Design for their 'Febreze' air spray packaging by RB's 'Air Wick Odour Stop' air spray product.
In passing judgment, Mr. Lewison considered the meaning of various points of the Regulation relating to Registered Community Designs and in doing so, provided some much needed guidance on interpretation of this relatively new law.
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Trade Marks - Court of Appeal
No estoppel from opposition procedures
On 12 January 2007, the Court of Appeal in the United Kingdom handed down its decision in a Trade Mark case known as “Special Effects”.
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The Gowers Review of Intellectual Property was published on 6 December 2006 after being announced in Gordon Brown's Pre-Budget Report speech
“For many citizens, Intellectual Property (IP) is an obscure and distant domain - its laws shrouded in jargon and technical mystery, its applications relevant only to a specialist audience. And yet IP is everywhere.” Andrew Gowers
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Court of Appeal issues eagerly-awaited Aerotel/Macrossan decision concerning the patentability of computer program and business method inventions
On 27 October, the Court of Appeal (the second highest court in the UK) issued its eagerly anticipated judgement in the combined cases of Neal Macrossan and Aerotel Ltd vs. Telco Holdings Ltd (and others). This was unusual procedurally since Aerotel's dispute with Telco was nothing to do with Mr Macrossan - Aerotel sought to overturn a High Court decision to revoke their patent, and Mr Macrossan sought an order for the Patent Office to grant his patent application - the two cases were joined because they both concerned the business method and computer program exclusions from patentability set out in Article 52(2) of the European Patent Convention (EPC).
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Venner Shipley opens office to serve Cambridge entrepreneurs
Venner Shipley, has opened an office at the Cambridge Business Park to provide an on-the-spot service for its growing base of clients in the area.
“We have an increasing number of clients originating from Cambridge University and the high-tech companies in the area, so we took the decision to move closer to our customer base,” says Partner Pawel Piotrowicz. “There is increasing concern over the importance of protecting intellectual property, particularly in the emerging new technologies and this is where we can help,” he says. “Our new office is already recruiting new patent specialists and we are establishing very close working links with many embryonic and established companies in the Cambridge area.”
From day one, Venner Shipley Cambridge has a well-established client base including many leading-edge technology clients, including the Hitachi Cambridge Laboratory, NanoBeam, Vectura and a wide range of entrepreneurial ventures that reflect Cambridge's reputation as a leader in the emerging technologies.
