The Administrative Tribunal of the ILO (ILOAT), which decided a series of cases concerning the EPO in its 125th session last week, dismissed a complaint of the former SUEPO trade union chairman Elizabeth Hardon against her downgrading by EPO president Benoit Battistelli. After the suicide of an EPO employee in May 2012, Hardon, at the…

An EPO board of appeal observed that a careful opponent that is economically active in the same field as the patentee should search for internal evidence of public prior use before filing an opposition. If such internal evidence is filed belatedly, the fact the search was started only after filing the opposition per se is…

EPO president Benoit Battistelli has strengthened the overall position of the European Patent Organisation, but the social problems cloud these achievements. Christoph Ernst, chairman of the EPO Administrative Council (AC), has said this in an interview with the German legal website JUVE. According to Ernst, who has been AC member for years and succeeded Jesper…

The Unitary Patent and the Unified Patent Court are likely to boost trade and foreign direct investment (FDI) in the European Single Market for technology. This is one of the conclusions in an EPO report which was published on 14 November 2017. The study ‘Patents, trade and foreign direct investment in the European Union’, carried…

The future president of the European Patent Office, Antonio Campinos, has welcomed the open letter of the Union Syndicale Fédérale (USF), the federation of trade unions in the European Public Service, and written he is looking forward to cooperating with the USF, of which the EPO trade union SUEPO The Hague and Berlin are affiliates….

When will the Unified Patent Court open its doors and the Unitary Patent (UP) become available? The German constitutional complaint against ratification of the Unified Patent Court Agreement (UPCA) has dashed expectations that the UP system could launch at the end of this year. Considerable delays and even the end of the system in its…

Patent lawyers in the UK have spent the last three months pondering, debating and at times indulging in an element of despair (to put it mildly) about what might be the impact of the judgment of the Supreme Court in Actavis v Eli Lilly [2017] UKSC 48 on issues of validity (see here). Today they…