Category: Patents / Trade Secrets
FRAND licensing: the conciliation procedure proposed by the European Parliament in connection with SEP patents
Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. If approved, the SEP Regulation could save holders and users both time and money. Disputes between proprietors of patents that incorporate standardized SEP technology (such as 4G, 5G, Wi-Fi, HEVC or AVC) […]
Can the grant of a European patent be obtained by providing technical evidence that is not contained in the application?
The Enlarged Board of Appeal of the European Patent Office (EPO) has accepted the possibility of submitting new evidence of the inventive step of a patent application or patent that has been granted during the grant and opposition procedures. Article 52(1) of the European Patent Convention (EPC) provides that European patents shall be granted for […]
Battle for gene editing: the US Appeals Court rules on CRISPR patents
The Danish company SNIPR Biome, which researches and develops CRISPR-based microbial gene therapy, has obtained a favorable decision in defense of its patents. The U.S. Court of Appeals for the Federal Circuit has overturned the decision of the PTAB which had ruled in favor of Rockefeller University and canceled five of the company’s patents on […]
Cultural appropriation: are there legal mechanisms to stop this from an intellectual property standpoint?
Trying to provide effective, balanced and adequate protection of traditional cultural expressions and recognizing the intellectual property rights that local communities and indigenous peoples hold with regard to those expressions pose a real challenge in legal terms. It is common knowledge that using a trademark, a patent or a design of another business may cause […]
Architecture and Intellectual Property: Is it possible to protect a building?
Architecture encompasses a range of disciplines. Design, functionality, technique and, at times, good taste, come into play to achieve a result that comprises all of these in one: the building. But who does the “work” belong to? Can you protect a building? Imagine (for a joyful moment) that you are the architect of your favorite […]
Grace period in the patent system: a commercial advantage?
The fact that some jurisdictions provide a grace period during which, before the patent application is filed, the inventor can disclose the invention without any limitation with respect to the form or purpose of the disclosure and without this preventing the registration of the patent, as opposed to jurisdictions in the EPC system that do […]