As mentioned in our articles of June 2022 regarding unitary patents and the Unified Patent Court, the European Union has in recent years laid the groundwork for a single patent having effect across many of the EU Member States, as well as a new court for enforcing...
In an opposition against a patent granted in the name of Canon Kabushiki Kaisha, André Nickel as opponent indicated that the opposition was filed against claims 8 and 9, and not the patent “as a whole”. Argumentation in support of the opposition was provided, this...
Background There has recently been an extensive debate surrounding the legal basis for the EPO’s practice of requiring an Applicant of a European patent application to amend the description of the application to bring this into conformity with the allowed claims. This...
A copy of our Amicus Curiae brief is reproduced below and can be downloaded here: Schlich Amicus Curiae – 18 July 2022. Executive Summary These combined referrals from Board 3.3.04, G1/22 and G2/22, are both headed “Entitlement to priority” [1]. Decision T844/18...
There has long been a desire for patent rights to be pan-European. This project has been ongoing for decades with many fits and starts, but a new system has been built and is scheduled to begin operation at the end of 2022 or the beginning of 2023. This new system is...
What is a unitary patent? Traditionally, when a European patent is granted by the European Patent Office (EPO), it is validated individually in each EPC contracting state of interest to the applicant/proprietor. Each of those contracting states is then responsible for...
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