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The announcement of the UK government that it won’t participate in the Unitary Patent system has sent a shock wave through the European patent community. One issue is obvious from the reactions to the UK decision: the future of the system, which had been uncertain for some time due to the Brexit and the German…
The IP Tribunal of the Supreme People’s Court (SPC) recently issued a decision in Dunjun v. Tengda ((2019) SPC IP Civil No. 147), holding that the manufacturer’s making and selling of routers directly infringed a telecommunication method-of-use patent even though the manufacturer itself did not perform one single step of the patented method. This article…
Will the Unitary Patent project go ahead without the United Kingdom? According to Kevin Mooney, partner of Simmons & Simmons in London and closely involved in the creation of the Unified Patent Court, that is the biggest issue the remaining Member States will have to tackle now that the UK government has decided not to…
The UK will not be part of the UPC. The Office of Prime Minister Boris Johnson has confirmed this to IAM-Media. According to the website, spokesperson Baylee Turner stated: “I can confirm that the UK will not be seeking involvement in the UP/UPC system. Participating in a court that applies EU law and bound by…
by Sabine Möhle, Klemens Stratmann and Thorsten Bausch Decision T 1621/16 of Technical Board of Appeal 3.3.06 deals with a patent concerning a liquid hand dishwashing detergent composition. In a broader context, T 1621/16 will be of interest for practitioners struggling with the allowability of amendments under Article 123(2) EPC based on multiple selections from…
The Federal Constitutional Court (FCC) in Germany expects a ruling in case 2 BvR 739/17, concerning the complaint against German ratification of the Unified Patent Court Agreement ‘within the next few months’. An FCC spokesman has declared this in reaction to a query of this blog. Earlier this week, the FCC published the list of…
The provisions judge determined that there was a serious chance that the patent of Tomra on a self-sealing pressure release apparatus was invalid and thus did not grant a preliminary injunction to prevent marketing by Kiremko of their Strata Invicta system. Case date: 17 January 2020 Case number: C/09/580883 / KG ZA 19-941 Court: Provisions Judge of…
The Court held that it had no jurisdiction to grant fortification of a cross-undertaking for damages where the injunction had been discharged. Further, the Court held that even if it had jurisdiction to do so, the evidence as to Napp’s financial position did not justify fortification of the cross-undertaking. Case date: 15 April 2019 Case number:…
It’s been almost four years since the United Kingdom voted to leave the European Union and debates started among patent specialists what consequences this would have for the UK’s role in the Unitary Patent system. Last Friday the Brexit finally became a reality and on Monday prime minister Boris Johnson gave a speech on the…
The inventor designated in a European patent has to be a human being and not a machine. That is the core message of two recent EPO refusals of patent applications in which an AI system was designated as the inventor. The EPO decisions, concerning the applications EP 18 275 163 and EP 18 275 174, both filed in…
