In 2021 WIPO developed the Medium Term Strategic Plan (MTSP) (2022-2026) to support global innovation and creativity – and last month, two years into the plan’s implementation, it released its Strategy on Standard Essential Patents (SEPs) (2024-2026) to supplement the MTSP in achieving its goals under the SEP framework. The WIPO’s SEP strategy is based…
All in all, the EPO can rightly be proud of the high quality of the translations it currently offers to its users. Many of my clients have been using the EPO’s translation services when (part of) a hearing was in German or French, and I was constantly advised that they considered the translations excellent and…
Advanced Cell Diagnostics v Molecular Instruments [2024] EWHC 898 (Pat) On 23 April 2024, Mr Justice Meade handed down his judgment in the dispute between Advanced Cell Diagnostics (ACD) and Molecular Instruments (MI). ACD is the proprietor of two European patents which relate to in situ detection of nucleic acids in single cells. EP (UK)…
Readers are familiar with the story of the founding of the UPC, which “obliged” its founders to make it an ad hoc Court, not integrated into the European judicial system (with a reinforced cooperation agreement between the members of the UPC). The fragility of this system has provoked much criticism (e.g., our comments here). The…
Becoming a European Patent Attorney is no trivial task. Candidates need to have a scientific or technical degree, work in one of the EPC member states and spend years on practical training to join our profession. After all this, they still need to pass the European Qualifying Examination (EQE) – arguably one of the hardest…
On 17 April 2024, the Court of Appeal of the UPC handed down its decision concerning the language of proceedings in the (undoubtedly ground-breaking) case of Curio Bioscience v 10x Genomics. Curio had applied in January to have the language of proceedings changed from German to English, but their application was rejected in February at…
On 23 April 2024, the Court of Appeal handed down its judgment in the appeal arising from the January 2023 decision of Meade J in AIM v Supponor [2023] EWHC 164 (Pat). AIM is the proprietor of EP (UK) 3 295 663, which relates to technology that allows TV broadcasters of live events to superimpose…
In Belgium, descriptive seizures (called “saisie-description” in Belgium) are long-standing ex parte procedures to collect evidence of infringement. When a Court grants a saisie request, the said authorisation can later be opposed by the seized party. The seized party can in particular argue that IP right invoked was not prima facie valid. By the time…
It is well known that the EPO Boards of Appeal take a strict line on admissibility of new elements of the appeal case under Articles 12 and 13 RPBA. But if the request to hold new elements inadmissible is itself filed late, the admissibility of the inadmissibility request may be questioned, see e.g. T 500/16…
There are now three interesting developments, albeit in quite different areas, which have in common the effort to avoid stepping on banana skins on the path towards a more unified patent system. The first one, published last week, was a decision by the Court of Appeal (CoA) itself, which took the opportunity to clarify that…
