European Union, Patents, Unitary Patent, UPC

(Clifford Chance)/ /14 Comments

Readers who have followed our last two blog entries and the vast number of comments received, will have seen the following two conclusions surfacing. First, although the UPC ‘s Protocol on Provisional Application, in reality, may not be in force, there is nothing to worry about because there are no police around. Second, there is…

Brazil, evidence

(RNA Law) and , (Licks Attorneys)/

The Brazilian Patent Office (BRPTO) is improving its examination procedure, trying to reduce the backlog. As more decisions are issued, we are learning about the approach of the examiners to different topics in patent law. An ongoing hot topic is whether the examiners are accepting post-filing experimental evidence during patent examination. The Metallurgy and Material…

Case Law, Prior art, United States of America

(Wolters Kluwer Legal & Regulatory US)/

Petitioner expert testimony in inter partes review of a surgical tool patent was more credible than patent owner’s expert that a person of ordinary skill in the art would have been motivated to combine asserted prior art and would have had a reasonable expectation of success in do so. There was substantial evidence to support the Patent…

Brazil, Technology

, (Di Blasi, Parente & Associates)/

In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each airport in the world used a different communication system to connect its control tower with airplanes. It would be catastrophic or, at…

Case Law, Poland

(Allen & Overy)/

The judgment addresses the question of whether an employee’s right to additional remuneration from the employer for use of an invention they created depends on whether the employer obtained a patent or – at least – on whether the invention was patentable. The Polish Supreme Court concluded that the employee is entitled to additional remuneration…

EPO

/ /9 Comments

The creation of a dedicated administrative tribunal could be a way to improve the settlement of labour disputes at the European Patent Office. Eric De Brabandere, professor of international dispute settlement at Leiden University in the Netherlands said this in an interview with Kluwer IP Law. The tensions at the EPO have risen over the…

Patents, Unitary Patent, UPC

(Clifford Chance)/ /27 Comments

Our last blog entry, UPC: four reasons on why the PPA is not legally in force, published on 21 April 2022, seems to have touched a nerve, as attested by the unprecedented number of comments received, for which this author is very grateful. Some comments were supportive, while others expressed disagreement. In this blog, we…