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IP Cases & Articles
Exploiting a Patented Invention
Patents are national rights which have a direct effect only in their own jurisdiction. While many of the issues discussed below will be relevant to the exploitation of patents in a number of jurisdictions, some aspects of patent law and commercial practice may differ across jurisdictions, and the following information… -
IP Cases & Articles
What is the effect of a granted patent?
Once a patent has granted, rights under the patent are enforceable. These rights have a limited life span. Furthermore, specific acts must be carried out to keep the patent in force. These issues will be discussed below. -
IP Cases & Articles
Filing European Divisional Applications
A divisional application is an application that has been divided from an earlier (“parent”) application. The earlier parent application may itself be a divisional application. A divisional application takes the same filing date as the parent application. Therefore, the divisional application will have a maximum patent term expiring at the… -
IP Cases & Articles
European Patent Office (EPO) Opposition Procedure
The European Patent Convention (EPC) provides an opposition procedure which allows the validity of granted European patents to be challenged. Any person may file an opposition, and the identity of the opponent need not be revealed to the European Patent Office (EPO) or the patent proprietor during opposition proceedings. Although… -
IP Cases & Articles
Strategies for International Patent Protection
Typically, an inventor or their employer will file a patent application in their home country. This tends to be convenient as it allows the inventor to talk directly with their patent attorney while preparing and filing the application – and it can also be a legal requirement in some countries.… -
IP Cases & Articles
Requirements for Filing a Patent Application
The requirements for filing a patent application are illustrated in this article with reference to the filing of a patent application in the United Kingdom (UK). -
IP Cases & Articles
G 3/08: Patentability of Programs for Computers
The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has released its opinion in the case of G 3/08 concerning the patentability of programs for computers. -
IP Cases & Articles
Schlumberger v Electromagnetic Geoservices
Obviousness and sufficiency are two of the most important criteria for judging validity of a patent under UK and European law. Both are assessed through the eyes of the nominal ‘person skilled in the art’. In a decision handed down last week, the Court of Appeal has provided for the… -
IP Cases & Articles
European Patents Court Incompatible with EU Treaties
The decision of the Court of Justice of the European Union (CJEU) to the effect that the proposed pan-European Patents Court falls foul of EU law is (unfortunately) not surprising. -
IP Cases & Articles
Gedeon Richter plc v Bayer Schering Pharma AG
Gedeon Richter plc v Bayer Schering Pharma AG - Inventive Steps After Routine Procedures
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