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’.
In June 2022 the EPO announced the project “Bringing Teams Together”, introducing a new management of office space with the aim “to ensure that teams cluster in our buildings when working on site”. The project proved to be a bit challenging since the EPO management simultaneously intended to empty the Pschorrhöfe 1-4 buildings that had…
February 1st, 2023, the French Supreme Court (“Cour de Cassation”) ascertained that during a saisie-contrefaçon trade secrets can only be protected by a temporary sequestration provided for in the order authorizing the saisie. Teoxane (“Teoxane”) is the owner of a European patent, the revocation of which Laboratoires Vivacy (“Vivacy”) sought by a summons filed on…
At 09:00 CET on 1 March 2023, the three month sunrise period for the Unified Patent Court began. Whilst it is still early days, insights can already be gleaned from opt out requests and UPC representative applications that have already been filed on the Case Management System. 199 patents and applications opted out
Although the sunrise period starts today, the UPC remains in the shadows for the moment. Thus, it seemed appropriate to me, in the meantime, to try to bring some light by interviewing 5 French judges who will participate in the new Court. Many thanks to the judges who accepted my invitation: Ms. Florence Butin (President…
In two decisions rendered on January 11, 2023, the French Supreme Court (“Cour de cassation”) ruled for the third time in almost 50 years on the patentability of computer-implemented inventions. As we will see, in doing so the Supreme Court seems to follow the “Hitachi” approach used at the European Patent Office in this field….
Damages enquiries in patent cases rarely make it to trial, let alone to the Court of Appeal, so this judgment provides important guidance on the assessment of damages for patent (and by extension other IP rights) infringement. Background Anan Kasei is the proprietor of a patent to high surface area cerium oxide, a catalyst…
As most readers will be well aware, Brexit has raised some fundamental issues for the Unified Patent Court (“UPC”) project, among which two points stand out. First, that, contrary to what it is envisaged in by Article 7.2 of the Agreement on a Unified Patent Court (“UPCA”), London will no longer be able to accommodate…
Cornelia Rudloff-Schäffer is about to leave the German Patent and Trademark Office whose President she has been for 14 years. On 31 January 2023 she will enter into her well-deserved retirement. This should not remain unnoticed on this blog, even though others are more qualified to praise her merits and appraise the GPTO’s achievements during…
On 6 January 2023, the Danish Maritime and Commercial High Court dismissed an application for remission to the Board of Appeal of the registration of a utility model. The court considered whether the Danish Patent and Trademark Office ought to have considered a prior registration when examining ex officio a utility model application. On 14…
The new and noteworthy decision T 670/20 by Technical Board of Appeal 3.3.07 provides more legal certainty for patentees of formulation patents. The proprietors of pharmaceutical formulation and pharmaceutical use patents do often not have it easy, if and when – as is often the case – they have conducted clinical trials before the priority…
