Tag >> EPO
Posted by: Yen Thieu in Worldwide patent, Vietnam, prosecution, Pharmaceuticals, PCT national stage, Patents, Patent Prosecution, Patent filing, patent, novelty, law, intellectual property, examination, EPO, Drug patents, claims on
May 13, 2009
Patentability of medical use claims in Vietnam has been debated for long time. At certain points of time, a number of Vietnamese patents were granted with medical use claims (first use or second use) following the practice at EPO. However, with the advent of the Code of Intellectual Property 2005, which came into force on July 1, 2006, the question again became hotly arguing. In applying the Code of Intellectual Property 2005, medical use claims, just like any other use claims, are rejected in Vietnam for failure to be either products or processes, and hence subject to exclusion from patent protection in the country. Patent applicants, especially those in pharmaceutical industries, and their patent agents choose to either: (1) convert the second medical use claims (Swiss type, as named
Posted by: Zeev Fisher in EPO on
Dec 31, 2008
The former Yugoslav Republic of Macedonia has ratified the European Patent Convention and will become a member of the European Patent Organisation on 1 January 2009. "The accession of the former Yugoslav Republic of Macedonia means that companies and individual inventors can extend the protection of their intellectual property even further in the dynamic region of southeast Europe," said Alison Brimelow, President of the European Patent Office (EPO), the executive arm of the European Patent Organisation. "Patents play a vital role in helping firms to be innovative and competitive." "From seven founding states to 35 members today, the Organisation has proved a success story of international cooperation and European integration; and it continues to grow," Brimelow added. The European
Posted by: Zeev Fisher in USPTO, PPH, EPO on
Dec 14, 2008
Revised Requirements for Requesting Participation in the Patent Prosecution Highway Pilot Program in the USPTO (Between the USPTO and the EPO) On September 29,2008, the United States Patent and Trademark Office (USPTO) commenced a Patent Prosecution Highway pilot program (PPH) with the European Patent Office (EPO), which was scheduled to last for a period of one year ending on September 29, 2009, but extendible for an additional year. A notice entitled "Patent Prosecution IHighway Pilot Program between the United States Patent and Trademark Office and European Patent Office" was published on October 21,2008 at 1335 Ofl Gaz. Pal. Office 196 providing the details of the PPH pilot program. In view of suggestions recently received from our users, the USPTO has decided to modify the
Posted by: Ophir Tal in USPTO, US, United States, United Kingdom, UK-IPO, UK, russia, PPH, Patent Prosecution Highway, Patent Prosecution, patent, Japan, Israel, intellectual property, Great Britain, Europe, EPO, Denemark, Canada, Austria, Australia on
Dec 08, 2008
Posted by: Zeev Fisher in patent, Europe, EPO on
Nov 28, 2008
The Enlarged Board of Appeal (EBoA) of the EPO has made a ruling in an appeal connected to the so-called WARF/Thomson stem cell application. The ruling contains clarifications to questions posed by a Technical Board of Appeal dealing with the patentability of the WARF application. This application describes a method for obtaining embryonic stem cell cultures from primates, including humans, and was filed by the Wisconsin Alumni Research Foundation (WARF) in 1995. No patent due to human embryo destruction In 2006, the Technical Board competent for the case referred legal questions to the EBoA, in order to obtain clarity on a number of points. Decisive in the EBoA ruling was the application's claim regarding human stem cell cultures. The EBoA decided that under the EPC it is not possible to
1. Accession to the EPCOn 28 October 2008, the Government of the former Yugoslav Republic of Macedonia (MK) deposited its instrument of accession to the European Patent Convention (EPC). The EPC will accordingly enter into force for the former Yugoslav Republic of Macedonia on 1 January 2009. The European Patent Organisation will thus comprise the following 35 member states as from 1 January 2009: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Turkey and the United Kingdom. Further
Posted by: Zeev Fisher in USPTO, JPO, EPO on
Nov 15, 2008
The European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO) have agreed to move forward on work sharing and to support the recently initiated co-operation of the five largest intellectual property offices (the three Trilateral Offices plus the Korean and Chinese IP Offices, known as IP5). Meeting at their 26th annual Trilateral Conference in The Hague on 14 November, the heads of the three offices also agreed to contribute to further developing the Patent Cooperation Treaty, and implement a number of work-sharing projects. Co-operation between the EPO, USPTO and JPO began in 1983, with annual Trilateral conferences held alternately on each continent. "Trilateral co-operation will be an important driver of the IP5 process," said
Hmm.. need a break in the trademark-related entries from our US colleague at Cantor Colburn? ;-) As usual the EPO has a new schedule of fees ready for 1 April with most fees being raised by 5% or other like fair amounts. Beware of the new claim fees and annual maintenance fees, however !! As you know, the EPO charges a fee, currently 45 EUR, for each claim above 10 claims. Starting from 1 April 2008, this is changed to a fee of 200 EUR for each claim above 15 claims. A raise of this order seems to be a political tool for having us reduce the number of claims. This is further emphasized by yet another fee change scheduled for 1 April 2009, where in addition each claim above 50 claims
As Axel H. Horns earlier mentioned in his post, the London Agreement enters into force on 1 May 2008. Now the EPO finally updated their information on the matter, see http://www.epo.org/topics/issues/london-agreement/implementing.html and http://www.epo.org/patents/law/legislative-initiatives/london-agreement/key-points.html, including specifics on the relevant countries. In short, the current status is: The countries not listed below, still require full translation of patents into a national language, as usual! Apart from the translation of the claims into all 3 official EPO languages (English, French and German) required by the EPO for issuing a European patent, no further translations are required for
Posted by: Axel H. Horns in London Agreement, EPO on
Jan 30, 2008
Today, the German Ministry of Justice has confirmed that the French Instrument of Ratification for the London Agreement has reached the premises of the German Foreign Office yesterday, 2008-01-29, in the evening hours. Hence, the London Agreement will enter into force on May 01, 2008.
The London Agreement will be effective for all European patents in respect of which the mention of grant was published in the European Patent Bulletin after May 01, 2008, to the extent of the present geographical coverage of the Agreement. See also the related statement on the Official website of the EPO. The text of the London Agreement is available &
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