10 July 2012

PCT - 3rd Party Observations

WIPO has decided to let third parties submit observations electronically through Patentscope (reg). These must be filed within 28 months of the priority date. For an overview of the PCT have a look here.

The observations will be limited to novelty and inventive step.

I think that this is a great way to head off potential problems. The PCT is the gateway to multiple foreign filings. Jamming up a competitor at an early stage could save a fortune in litigation fees. I recommend a regular check on published PCT applications for those rolling out or developing technologies across multiple jurisdictions.

Timing is an issue. PCT applications are published about 18 months after the priority date. So there's about a 10 month window to submit the observations.

05 July 2012

Not so fast unitary patent....

The tweeters at Managing Intellectual Property have just advised me that the vote on the unitary patent has just been postponed. So my post was premature...apologies.

The postponement has to do with Articles 6 to 8 that contain provisions on direct and indirect infringement of patent rights. They allow the European Court of Justice (ECJ) to function as an appeals court within the scope of the patent law. Here's a link to the horse's mouth, as it were.

A Sort of European Agreement

It seems like decades. Finally, the members of the European Union today agreed to create a single patent system.

Intellectual Property Watch  reports that the patent system will cover 25 EU member states. Paris, Munich and London will share a unified patent court. Spain and Italy chose not to join the agreement in protest of the absence of their languages. This is a bit precious. On the other hand, the way those two countries are going at the moment...

Hopefully, this will see a reduction in the massive fees that slug patent applicants. The agreement is available here.

03 July 2012

International IP Mediation and Arbitration

I am delighted to announce that I will be moderating a seminar presented by a panel of experts. The seminar is part of the American Bar Association's (ABA) annual meeting.

This year it's been held in Chicago from 2 August 2012 to 7 August 2012. I can't wait to visit that magnificent city again.

My seminar deals with the rapidly growing field of arbitration and mediation. The full brochure can be obtained here. The seminar in on Friday, 3 August 2012, and is entitled "WIPO Mediation and Arbitration - An Alternative to Global Litigation"

I think that the seminar is particularly relevant given the very public patent wars going on between Apple, Samsung, Google and others.

I very much look forward to working with the speakers who are incredibly well qualified.

More to follow....