Rubicon Personal IP® is very proud to announce that V.O., the largest firm of patent and trademark attorneys in the Netherlands and a leading firm in Europe, has joined us as a contributing partner. Attorneys of the firm will regularly post new blogs at the recently opened Rubicon IP blog.
Added matter: undue disadvantages?
Probably the most frequent frustrating experience in the European patent grant procedure concerns the extreme ease with which claim amendments can be rejected for added matter. Because of this, added matter objections can amplify relatively minor defects in a patent application into major reductions of patent protection or even a complete loss of the patent. Read more.
Grandfathers almost vanished and no fresh blood!
In young EPC countries no new trainee patent attorneys are found that prepare for the EQE while the grandfathers grow older and older. A problem or not? Read more.
In need of patent judges
Does a judge need to be technically qualified (and at what level) to be able to handle a case on patent law? That is a tricky question. Read more
Juggling with patent costs
With the political negotiations on the EU patent the season is open for rhetoric on the topic of statistics of patent costs.
The game seems to be that current European patent costs should be represented as high as possible and costs outside Europe should be played down as much as possible. Read more
Legislation for patents on standards?
In the past year discussion has flared up about the use of patents on industry standard technologies. Legislative support for standardization could have prevented this. Read more
No use for World IP day?
Last month World IP day (April 26) was celebrated, but apart from some comments on LinkedIn it went unnoticed. Do we need to change that? Read more
Novelty and the Internet
In two recent decisions (T2/09 and T1553/06), the Board of Appeal of the European Patent Office has elaborated the theory of novelty when applied to web pages and e-mails. The board decided that, with some exceptions, web pages that cannot be found by a search engine are not prior art and that mere transmission of an e-mail between persons that are bound to confidentiality does not make the e-mail prior art. Read more.
Patents and politics
Why is it that patents and politics do not seem to combine? Is it because we are smart and they are dumb? Patent professionals always feel itchy if they notice that politicians are discussing patents or are deciding on something to do with patents. Patenting is a strange, multi-faceted animal and it appears difficult to grasp for politicians. Read more.
Quality of patent searchers
It is impossible to deduct the quality of the output of a patent searcher from his reports. There is a great need for a quality label or certification of patent information professionals. Read more.
Search and legal fiction
European patent examiners deliver not only real patent searches, but also legal fictions that claims have been searched or not. The purpose of such fictions is mostly to limit the possibility of amendment. By now, the European Patent Office (EPO) has created a host of such fictions. Relying more on reality, supported by other measures might be a better solution. Read more.
The European Patent Court: divided again?
The court has been given its seat(s), but the patent and the courts still need to prove themselves in practice.
Today, the breaking news was the agreement on the new European patent system, which consists of two parts: one, the European Unitary patent that will be valid for a majority of EU member states, and two, a new European patent court that will decide on these patents (and also on the bundle patents that are currently issued by the EPO). Read more.
What is the "result to be achieved"?
The intended result to be achieved by the patent system is promotion of innovation by providing time limited exclusive rights on inventions. But in Europe automatic “result to be achieved” objections to functional claim language can unduly injure the effectiveness of such rights. Read more.
Working in patents
It seems that the ‘working’ requirement in patents, which was instituted to benefit the economy of a country, is a modern way to escape unwanted monopolies. Read more.