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The Patent Trial and Appeal Board (PTAB) did not err by declining to consider a patentee’s claim construction arguments raised for the first time at oral argument. The holder of a patent for retail point-of-sale of cards allowing a purchaser to download specified content from the internet was not entitled to reversal of a PTAB…
The Standard Essential Patents (SEPs) Regulation Proposal also known as the IP Action Plan formally issued by the European Commission today suggests groundbreaking changes to the standard essential patent landscape as we know it. The SEPs Regulation Proposal indicates the European Commission’s desire to establish four major requirements for SEPs holders and implementers. These are…
After years of preparation, the European Union’s draft legislation for a sweeping reform of the existing legal regime on supplementary protection certificates (SPCs), which includes the establishment of a centralized SPC filing and examination procedure as well as the introduction of a unitary SPC, has finally been published today on April 27, 2023. This draft…
The Unified Patent Court has designated the presiding judges of the central, local and regional divisions, as well as presiding judges of the relevant panels of the Court. By decision of the UPC’s presidium, which was published yesterday, the following judges were designated: Central division PARIS: Ms Florence Butin Central division MUNICH section: Ms Ulrike…
The Brazilian Patent Statute (Law #9,279/96) does not explicitly prohibit double patenting per se. However, as shown in the statistics set out below, the BRPTO regularly considers double patenting. This is based on the BRPTO’s interpretation of Article 6 of the Patent Statute (as set out below). In particular, the BRPTO interprets Article 6 as…
The start of the Unitary Patent system ‘is a big event with big economic consequence. Europe could reconstitute their economic relevance’ around it, says John White, Special Counsel of law firm Harness IP in the US. In an interview he told Kluwer IP Law not everybody seems aware yet about the upcoming game changer, but…
The European Commission’s recently leaked Proposal for a Regulation on standard-essential patents (SEPs), summarized here by Enrico Bonadio and Dyuti Pandya, establishes a framework for transparent SEP licensing. Some have criticized the proposal, claiming among other things that it is unnecessary, harmful to innovation, and difficult to implement. Much of this critique is unjustified. More…
Brazilian courts and the patent office (BRPTO) are evolving in the evaluation of process claims. Key decisions on both forums are showing how effective those claims can be to protect products in the country. BRPTO’s Rule #124/2013 (items 3.60 and 3.61) and Rule #169/2016 (item 4.17) set forth that product-by-process claims are allowable as long…
It is totally unacceptable to strip the competencies of the third seat of the central division of the Unified Patent Court now that it will not go to London but most likely to Milan. Lorenzo Montanari, executive director of the Property Rights Alliance (PRA), has said this in an interview with Kluwer IP Law. Last…
In the next chapter in the FRAND-related battle between Nokia and Oppo, Nokia tried to obtain an injunction in relation to Oppo’s sales through Oleading and Reflection. The provisions judge, however, found this case to be too complex, both because of the patented subject-matter and the FRAND issues, to be decided in the present preliminary…
