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 […]

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The rise of the Unified Patent Court system in Europe

The entry into force of the Unified Patent Court is one step closer. European patent owners will soon have a new Court with jurisdiction over lawsuits involving patents. After a bumpy path since the enactment of European Regulation 1257/2012 of 17 December 2012 almost 10 years ago, implementing enhanced cooperation in the area of the […]

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WIPO World Intellectual Property Indicators 2021: the pandemic did not stop intellectual property

The World Intellectual Property Organization (WIPO) has published its 2021 Indicators Report (WIPI Report 2021). In this article we will look at the main aspects of the document, which provides a detailed analysis of global trends in relation to filing, registration, validity and other aspects of intellectual property around the globe, as we did with […]

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Added matter as a ground for revocation of a patent

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. This ground for revocation, which has not been explored a great deal in the past, has been […]

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I was already like this before you got here: prior use as an exception to patent infringement

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. To qualify for the “prior use” exception, the third party must have acted in good faith and the preparation acts carried out before the priority […]

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“Prior public use”: an effective ground for opposition against the grant of a European patent

The opposition procedure for European patents, enables third parties, within nine months of the publication of the mention of the grant of the patent, to oppose that patent at the European Patent Office (EPO). This opposition procedure for European patents is particularly useful when the patent in question is hindering our commercial interests and we […]

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