In a decision to refund an additional search fee, an EPO board rejected a determination of non-unity based on a priori technical differences, which determined different problems solved by different dependent claims without determining patentability with respect to the available prior art found for the independent claim. Instead, lack of unity should be decided based…

On Friday 22 January 2016, the annual ERA (Academy of European Law) conference on the Unitary Patent took place in Brussels. Regarding the agreement reached on the renewal fees, Clemens Heusch, head of European litigation at Nokia, explained that although Nokia currently has more than 30,000 (!) patent families in its patent portfolio, he finds…

The 23rd edition of the book The Annotated European Patent Convention has been published. The book is updated till 15 November 2015. Some important amendments in this new work: Recently issued Enlarged Board of Appeal decisions: -G1/12: correction of the identity of the appellant is allowed; -G1/13: the EPO recognises the retroactive effect of restoration…

by Dominic Adair Post-grant opposition of patents is clearly a dangerous business. On opening the final panel session in the programme for AIPPI’s 2015 World Congress in Rio – titled “post-grant oppositions: a game changer?” – moderator Márcio Merckl from Abreu, Merkl e Advogados Associados in Brazil provided the dramatic news that not one but…

Since 2011, it has been clear in France that the possibility for patent owners to request before the French patent office a limitation of the claims of a granted patent, offered by article L. 613 24 of the French Intellectual Property Code (“IPC”) since 1 January 2009, applies not only to the claims of French patents but also…

Myles Jelf (Bristows LLP) talks about the difficulty with software patents. The difficulty arises from a need to identify the dividing line between the pure algorithm which should not be patentable and a technical invention which happens to use a computer. There are three different definitions between the UK, EPO and theUS. The EPC Article…