Patents

A patent is a document, issued, upon application, by a government office (or a regional office acting for several countries), which describes an invention and creates a legal situation in which the patented invention can normally only be exploited (manufactured, used, sold, imported) with the authorization of the holder of the patent. ‘Invention’ means a solution to a specific problem in the field of technology. An invention may relate to a product or a process. The protection conferred by the patent is limited in time, generally 20 years. In a number of countries, inventions are also protectable through registration of a ‘utility model’ or ‘short-term patent’.

(Cross-border) jurisdiction, European Union, FRAND, Germany, Patents, SEP, Unitary Patent, United Kingdom, UPC

(Hoffmann Eitle)/ /1 Comment

Following up on Thorsten’s blog post yesterday, I report on the second day of the Oxviews 9th Intellectual Property and Competition Forum, which took place in the Justizpalast in Munich on 19 June. This impressive building deserves the name Palast (in English “Palace”), and was a fitting venue for this meeting of thought leaders in…

Amendments, Brazil, Guidelines, Patents

(RNA Law)/

Divisional applications and pre-grant oppositions may be filed until the “end of the examination”. That is the wording of the Brazilian IP Statute (Law No. 9279/96, articles 26 and 31). Looks simple enough, but in the absence of a definition in the law of what constitutes the “end of the examination”, the BRPTO has been…

European Union, Patents, TRIPS, TRIPs Agreement

(Clifford Chance)/

As most readers will be well aware, one of the hottest topics in the patent world is the broadening of the Bolar provision envisaged in the Proposal for a Directive of the European Parliament and of the Council on the Union code relating to medicinal products for human use, and repealing Directive 2001/83/EC and Directive…

Case Law, Injunction, Kluwer Patent Cases, Litigation, Patents, UPC

(Bristows)/

On 3 June 2024, the UPC’s Hamburg Local Division rejected a PI application against UEFA (Union des Associations Européennes de Football) and Kinexon GmBH (a technology partner) in regard to the use of video-assistance referee (VAR) technology at the upcoming European Championship in Germany.  The application for preliminary relief concerned EP 1 944 067 (EP…

Case Law, EPO Decision, Litigation, Patents, Revocation, Unitary Patent, UPC

(Bristows)/ /4 Comments

On 28 May 2024, the UPC Court of Appeal (in decision UPC_CoA_22/2024) upheld a decision of the Court of First Instance, Central Division (Paris Seat) not to stay revocation proceedings before the UPC pending parallel opposition proceedings before the EPO concerning the same patent.  Following previous Court of Appeal decisions, this non-technical appeal was adjudicated…

Patents

(Hoffmann Eitle)/ /12 Comments

1.       Preamble: The Iron Triangle In project management there is a law known as the Iron Triangle, which states that in delivering any project, there are three points on a metaphorical triangle: time, cost and quality. In other words: how fast can the project be done; how cheaply; and what is the quality of the…

(Indirect) infringement, Equivalents, Patents, Procedure, Scope of protection, UPC

(Bristows)/ /3 Comments

On 13 May 2024, the UPC Court of Appeal (CoA) upheld the Munich Local Division’s decision in SES v Hanshow (UPC_CoA_1/2024) that a preliminary injunction should be refused on the basis that there was not sufficient certainty that certain models of Hanshow’s electronic label products infringe SES’ patent. SES is the registered proprietor of the…

AI, Inventive step, Novelty, Patents, Technology

(City, University of London) and (University School of Law and Legal Studies, New Delhi)/ /3 Comments

Blurring the edges between reality and make-believe, the Metaverse is part of an aspirational Web 3.0, characterised by certain features including an immersive 3D virtual space, interoperability, and real-time operation. While there is no consensus on its definition, certain foundational technologies such as AI (artificial intelligence) and XR (extended reality), which includes VR (virtual reality),…