International Patent Group, LLC

07/20/2022

04/21/2022

New Unitary Patents system available for European patent proprietors are due to come into force later this year in relation to the current European patent system.

In short, there are two new features being introduced:

• A new option relating to the European patent system. This new option will allow a unitary effect (a “Unitary Patent” – UP) that at present will cover 17 member states of the European Patent system.

The Unitary Patent (UP) will make it possible to get patent protection in up to 25 EU Member States by submitting a single request. It is important to note that nothing will change in the pre-grant (examination) phase of the application.

The introduction of the UP will remove the need for the individual validation of granted European patents into the contracting states of the UP and, if a UP is selected on grant of a European Patent, will mean only a single renewal fee will be payable annually to keep the patent in force for the contracting states of the UP.

• A new Unified Patent Court (UPC) to oversee litigation, revocation and invalidity actions of Unitary Patents and certain existing and future “classical” European patents, as well as Supplementary Protection Certificates.

12/02/2020

European Patent Office Provides Additional Remedies Regarding Disruptions Due To COVID-19

Pursuant to Rule 134(5) EPC, any document received late will be deemed to have been received in due time if the person concerned offers evidence that on any of the ten days preceding the day of expiry of a period, it was not possible to observe the time limit due to this exceptional occurrence and that the mailing or the transmission was effected at the latest on the fifth day after the end of the disruption.

https://www.epo.org/law-practice/legal-texts/official-journal/2020/11/a123.html

1. The European Patent Office is closely monitoring developments in the COVID-19 outbreak. Accordingly, it has published notices dated 1 May[ 1 ] and 27 May 2020[ 2 ] concerning the disruptions due to the COVID-19 outbreak and drawing attention to the legal remedies provided for under the Euro...

12/02/2020

German Federal Parliament (Bundestag) approves ratification bill on the Unified Patent Court Agreement

On November 26, 2020, the German Bundestag adopted the draft ratification bill including the consent to the Agreement on a Unified Patent Court (UPCA).

This ratification is a step closer to the implementation of the Unitary Patent package. Upon approval, European inventors will be able to benefit from the Unitary Patent, giving them uniform patent protection, and a unified system for litigation in all participating EU Member States.

https://www.epo.org/news-events/news/2020/20201126b.html?utm_campaign=COVID-19&utm_source=hs_email&utm_medium=email&_hsenc=p2ANqtz-8zsAwzsT3tTCdK_F22W3qCIQ-sdbnJDFpj2tA5tcPETWrkiOUHKOqu2TEHODq_is5vUDaH

Today, the German Parliament adopted with the necessary two-thirds majority the ratification bill on the Unified Patent Court Agreement (UPCA).

10/20/2020

USPTO announces COVID-19 deferred-fee provisional patent application pilot program

The United States Patent and Trademark Office (USPTO) today announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19.

https://www.uspto.gov/about-us/news-updates/uspto-announces-covid-19-deferred-fee-provisional-patent-application-pilot

Pilot program to promote collaborative information sharing for inventions that combat COVID-19.

09/06/2019

With the high interest level in the Track One Prioritized Examination program, the USPTO has increased the annual limit from 10,000 to 12,000, effective September 3, 2019.

01/23/2019

Secret Sales are Still Prior Art per (SCOTUS) - The U.S. Supreme Court upheld the Federal Circuit’s interpretation of the “on sale bar” affirming that “Congress did not alter the meaning of ‘on sale’ when it enacted the AIA.” The particular focus here was whether “secret” sales continue to qualify as prior art under the revised Section 102. Here, the court says yes — “an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under §102(a).” See Helsinn Healthcare v. Teva Pharma USA.https://www.supremecourt.gov/opinions/18pdf/17-1229_2co3.pdf