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IP Cases & Articles
What is Priority?
The filing date of a patent application is of central importance to the application process in particular because it determines the “prior art” against which the claims of the patent application are assessed for novelty and inventive step. -
IP Cases & Articles
Fosters Brewing Company Limited v S & NF Limited
Extensive use of colour(s) may enhance the degree of similarity between trade marks where the trade marks may not otherwise be overly similar. -
IP Cases & Articles
Processes and Timescales for Obtaining a Patent?
Broadly speaking, similar basic procedural steps are found in the patent systems of most jurisdictions. However, there are differences in how these basic procedures are implemented. In this article we summarise the main steps in obtaining a patent and comment on how some of these steps are implemented differently in… -
IP Cases & Articles
Ownership of Inventions and Compensation
The ownership of an invention is decided by national law. -
IP Cases & Articles
When Should a Patent Application be Filed?
It is rare that an invention is fully developed at that all important “Eureka!” moment. Indeed, Edison is believed to have said, “invention is 1% inspiration, 99% perspiration”. Further investigation and development of the invention is almost always required to ensure that it works properly. This process of development and… -
IP Cases & Articles
Third Party Patent Rights
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 IP Due Diligence?
Generally, due diligence refers to the care a reasonable person should take before entering into an agreement or transaction with another party. -
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…
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