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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Patent Issues Spring 2011

in this issue
NEWS

European Patent - Two Steps Forward and one Step B...

On 8 March, the European Court of Justice dashed hopes of progress on a central European Patents Court, which was one of several key elements of a December 2010 agreement...

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London Agreement Gains Momentum

On 1 January 2011, Hungary became the 16th state of the 36 EPC contracting states to join the London Agreement. Accordingly, European patents granted on or after 1 Janua...

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Patent Box Tax Break

The UK government has announced a ‘patent box' tax incentive, whereby profits attributable to patents will be taxed at 10% rather than the standard corporation tax rate, ...

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Jenkins Success in Patenting Software

Our Alvin Lam reports a successful hearing before the EPO Board of Appeal in a software case. He persuaded Board 3.5.06 to overturn a decision of an Examining Division t...

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Government Review of IP and Peer-to-Patent Project...

On 4 November 2010 the Prime Minister, David Cameron, announced a review (the Hargreaves Review) to look at, among other things, the cost and complexity of enforcing inte...

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EPO

Broccoli and Tomatoes

Plants are patentable, but to patent a breeding method, there must be a technical step that itself modifies a trait in the plant genome.​The EPO Enlarged Board of Appeal ...

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EPO Grants Patent for Electronic Business System

A Board of Appeal of the EPO has issued a decision to grant a patent for an electronic business method that goes against the run of play for cases of this nature. The Dec...

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EPO Clarifies Duty of Disclosure - Complete Exempt...

Rule 141 EPC has caused a degree of consternation as to the extent to which it establishes a continuing obligation of disclosure to the EPO and whether it necessitates pu...

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Voluntarily Citing Prior Art to the EPO - Shouldn'...

The introduction of central amendment as of right and a toothless Rule 141 invite a more laissez-faire attitude to whether any procedure is required to ensure that, upon ...

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UK

New Opportunities for Low - cost IP Litigation in ...

The UK courts are an internationally respected forum for patent litigation, but high costs have caused small and medium enterprises to turn away. Recent reforms to the Pa...

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Germany

BGH rules that patents containing "added subject-m...

In European patent prosecution, a patent that claims a feature that is not clearly  and unambiguously based on the original disclosure is caught in a trap and is irr...

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European harmonisation of decisions by the EPO and...

In its decision Walzenformgebungs- maschine (Xa ZB 10/09) the German Federal Supreme Court BGH has decided that German courts have to consider decisions by the EPO and na...

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Claim Interpretation

In its decision Gelenkanordnung (Xa ZR 36/08) the German Federal Supreme Court BGH has ruled that the description must not be used to give an unduly restrictive meaning t...

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European Union

EU Patent - A summary of the Proposed Scheme

The draft scheme for a EU patent can be summarised as follows: An EU Patent The European Union to become a Member State of the EPC An EU Patent Court A new "Community...

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Review

US Re-examination - Comparison with EPO Opposition...

Re-examination is a process available in the US Patent and Trademark Office to provide for re-evaluation of an issued patent based on prior art not considered by the exam...

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Jenkins News

New Members of the Jenkins Team

Edward Rainsford Edward has a BSc in Microbiology and a PhD in virology and worked as a Research Associate at the University of Virginia studying RNA-protein interaction...

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Out And About

Other News

Microfluidics Report Hugh Dunlop presented a report to the Second European Microfluidics Consortium in Salzburg on 10th December 2010 entitled Navigating the Patent Land...

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