Will the UK participate in the Unitary Patent system despite the Brexit vote of 23 Juni 2016? It has been the most important question concerning the system for over five months, but probably not much longer. Various sources expect the UK to make an announcement about its plans with the UP and UPC during the…
The parliament in the Netherlands will hold a debate on the ‘deteriorating social situation’ at the European Patent Office. The recent dismissal of a SUEPO trade union leader in The Hague was one of the issues triggering a request for the debate. MP Sharon Gesthuizen of the socialist SP received support for her request from…
1. History One of the most precious achievements that Europe inherited from England is the so-called Rule of Law, dating back from the days of James I who ruled the union of the Scottish and English crowns from 1603 until his death in 1625. The key parts of this model is that laws are made…
How to save the Unitary Patent project? As soon as the outcome of the UK referendum on a Brexit was known, discussions started behind the scenes about ways to adapt the Unitary Patent system so the UK can stay in. According to Wouter Pors of Bird & Bird, a new scenario has come up to…
No, this is not another blog about the Brexit, even though the current figures of the EU referendum polls in the UK make this author wonder how it comes that cooperation and European harmonization is so uncontroversial and successful in the field of intellectual property, yet apparently so controversial and difficult in other fields. Perhaps…
European patent attorneys should make a joint effort and gather data to assess the impact of procedural issues on opposition procedures at the European Patent Office and, in the future, on decisions of the Unified Patent Court. Michael Wallinger, partner of law firm WRST, proposed this at the annual meeting of the European Patent Litigators…
Okay, this result, which was recently reached by TBA 3.3.04 in decision T 394/11 (in German language), may perhaps not come as a big surprise to you, since we all learnt in school that acetic acid is a classic example of an organic acid as opposed to an inorganic acid. Yet it raises two interesting…
In ten to fifteen years, the current differences between European patent attorneys (EPAs), lawyers and patent litigators will have diminished and a there will be a new category of professionals, who are experts in litigation at the Unified Patent Court (UPC) . This is the expectation of Koen Bijvank, president of the European Patent Litigators…
There was a time where appeal before the EPO could be used to revisit anything that went wrong or was omitted in opposition proceedings. Since 2003, when the Rules of Procedure of the Boards of Appeal (RPBA) were amended, the situation has changed. The Boards of Appeal, confronted with an increasing workload and with cases…
President Benoît Battistelli of the European Patent Office (EPO), criticized for his harsh leadership, has survived the meeting of the supervisory Administrative Council (AC), but he has been put under high pressure to end the social unrest at the organization. During the meeting of the AC (the supervisory organ of the EPO with representatives of the…
