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According to a new announcement on the Unified Patent Court's website, the Preparatory Committee is now working on an assumption that the court will become fully operational in December 2017. Prior to this date there will be a "sunrise...
Breaking News: UK confirms that it WILL ratify the UPC Agreement At a meeting of the EU’s Competitiveness Council today, 28 November, the UK’s Intellectual Property Minister Lady Neville-Rolfe announced that the UK Government intends to ratify...
Intellectual Property Issues in Industry-Academia Collaborations If you have identified an interesting opportunity for a research or development collaboration and are discussing a potential agreement, then Intellectual Property (IP) is one of the key...
Brexit delays UPC judicial appointments​ Preparations for entry of the Unified Patent Court (UPC) into force have recently seemed to be proceeding at full speed.  This is despite the fact that the UPC cannot commence operations until the UK...
Questions about the UPC raised in Labour's list of questions regarding Brexit They did not make the top 100. Nevertheless, it was good to see that questions about the Unified Patents Court (UPC) were raised in Labour's list of 170 questions...
Nokia and Sony win court battle against Apple In a patent dispute that started in 2010, over a patent dating back to 1994, Nokia and Sony (under the flag of MobileMedia Ideas LLC) have won a court battle with Apple over infringement of the patent by a...
UPC Update: Beware the Ides of March... (with apologies to Shakespeare) At the weekend, Prime Minster Theresa May announced in a speech to the Conservative Party conference that the formal procedure for British withdrawal from the EU will be activated...
Update on Sequenom v Ariosa Inventions that are acknowledged to be a “breakthrough” and “truly meritorious” are nevertheless being denied patent protection in the US because of several controversial court decisions that have...
Could a different type of PPI give the UPC another post-Brexit headache to deal with? UK-based readers will be familiar with the recent scandals surrounding mis-selling of a type of insurance called PPI . Now, however, it seems an entirely different kind...
More news on UPC ratification It has been reported that the Tweede Kamer (the lower house of the Dutch parliament) has approved the ratification of the UPC Agreement, which now passes to the upper house for approval. The Irish government also recently...
What impact will a Brexit have for my patent strategy in Europe? With the referendum on the United Kingdom’s membership of the European Union (EU) only a week away, our thoughts turn to how a possible Brexit would impact the patent system in Europe...
And then there were ten: Bulgaria formally ratifies UPC Agreement On 3 June, Bulgaria deposited its instrument of ratification with the Council of the European Union, meaning that Bulgaria has now completed all steps required for the formal ratification...
Classical Patents - Stay in or Opt out? In or out? It’s a question on all our minds at the moment with the upcoming UK referendum on whether to leave the EU. For companies with an existing European patent portfolio, it’s also time to start...
Further progress towards UPC ratification In recent UPC developments, Germany, Italy and Lithuania have all now published draft legislation to implement the UPC Agreement, and Bulgaria has completed the legislative stage and simply needs to deposit its...
Can life science inventions be patent protected in the US? Up until June 2013, the answer would have been a resounding “yes”.  However, Mayo v. Prometheus , a now notorious decision of the U.S. Supreme Court, has clouded the issue in...
The UPC Preparatory Committee has now published the first job openings at the Unified Patent Court which are for legally qualified and technically qualified judges to serve at the Court of First Instance or at the Court of Appeal. Deadline for applications...
At the most recent UPC Preparatory Committee meeting in Luxembourg on 14 April 2016, a number of issues were discussed and a number of issues agreed. The key points to note were that: A recruitment package was agreed for all judicial appointments and so a...
Non-Practicing Entity (“NPE”) Unwired Planet has announced that it will sell its patent licensing business for $30 million to Dallas-based Optis UP Holdings, LLC. Unwired Planet may also receive up to an additional $10 million in cash on the...
GlaxoSmithKline (GSK), one of the world's leading pharmaceutical companies, recently announced that it is adopting a new approach to patenting its products around the world with the aim of widening access to its medicines in the world's poorest...
Reform of EU trade mark regulation Today, 23 March 2016, several major changes to EU trade mark law have come into effect, with a new EU Trade Mark Regulation replacing the Community Trade Mark Regulation. There are several important changes to...
On 9 March 2016, the Supreme Court dismissed an appeal by Magmatic Ltd, makers of the famous animal-shaped "Trunki" ride-on suitcases for children, against an earlier decision that PMS International Group has not infringed Magmatic's Community...
The European Patent Office (EPO) has announced its normal biennial increase in the official fees charged for European patent applications.  These increases take effect from 1 April 2016. Unlike previous fee increases, this year's increase is...
Reform of EU trade mark regulation Several major changes to EU trade mark law will start to have effect from 23 March 2016, when a new EU Trade Mark Regulation replaces the current Community Trade Mark Regulation. These changes include: 1. Reduced...
The Preparatory Committee for the Unified Patent Court has announced the outcome of its last meeting on 24-25 February 2016. It was agreed that there will be no opt-out fees for opting out of the UPC (or for withdrawing an opt-out and effectively...
The High Court rules that Nestlé’s KIT KAT shape mark has not acquired distinctiveness - but how does one prove distinctiveness? The latest judgement concerning Cadbury’s opposition to Nestlé’s application to register the...