This almost unnoticed metamorphosis, which has been hardly or not at all commented on, is nevertheless an important reform of French law. Order 2021-1658 of 15 December 2021 extends the system of devolution of rights in respect of software (Article L. 113-9-1 of the Intellectual Property Code) and employee inventions (L. 611-7-1 of the Intellectual…

Staff members of the European Patent Office will demonstrate in front of the Isar building in Munich during the meeting of the Administrative Council on 29 June 2022, where re-election of president António Campinos will be discussed. The demonstration has been organised by trade union Suepo. According to an announcement distributed among Suepo members, Campinos was…

In a decision rendered on April 1, 2022, the Paris Court of Appeal ruled on the determination of the starting point of the statute of limitations for claiming additional remuneration related to mission inventions. The case before the Paris Court of Appeals raised the issue of the statute of limitations with respect to 11 unexploited…

Readers who have followed our last two blog entries and the vast number of comments received, will have seen the following two conclusions surfacing. First, although the UPC ‘s Protocol on Provisional Application, in reality, may not be in force, there is nothing to worry about because there are no police around. Second, there is…

The Brazilian Patent Office (BRPTO) is improving its examination procedure, trying to reduce the backlog. As more decisions are issued, we are learning about the approach of the examiners to different topics in patent law. An ongoing hot topic is whether the examiners are accepting post-filing experimental evidence during patent examination. The Metallurgy and Material…

Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to combine asserted prior art and would have had a reasonable expectation of success in do so. There was substantial evidence to support the Patent…

In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each airport in the world used a different communication system to connect its control tower with airplanes. It would be catastrophic or, at…

The judgment addresses the question of whether an employee’s right to additional remuneration from the employer for use of an invention they created depends on whether the employer obtained a patent or – at least – on whether the invention was patentable. The Polish Supreme Court concluded that the employee is entitled to additional remuneration…

1. Introduction In an important decision of February 8, 2022 the Brussels Dutch Court of Enterprises (hereafter the “Court of Enterprises”) declared null and void a patent on an “apparatus, system and method for filling containers with fluids” (hereafter the “patent in suit”). The decision is interesting for multiple reasons, but this article will only…