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News and Analysis

  • EU patent agreement postponed until next year

    December 21, 2011

    There will be no EU patent deal this year. But agreement on the package comprising two regulations and an international agreement could be reached under the Danish presidency in the first half of 2012

  • Ten patent trends for 2012

    December 21, 2011

    From the launch of new courts to controversial cases, blockbuster drugs to smartphone wars, what does 2012 have in store for patent professionals?

  • Interview: Cecilia Wikström MEP on the EU’s patent package

    December 14, 2011

    With the European Parliament’s Legal Affairs Committee set to discuss the unitary patent package next week, Emma Barraclough speaks to MEP Cecilia Wikström

  • EPO prepares to publish stem cell patent guidelines

    December 12, 2011

    Patent attorneys and IP owners who want protection for their stem cell research will soon get new guidance from the European Patent Office about what is, and is not, patentable

  • Merck wins ruling on negative SPCs in Europe

    December 08, 2011

    The Court of Justice of the EU has ruled that member states can grant negative supplementary protection certificates (SPCs), which will help pharma companies win six-month research extensions

  • Commission readies to overhaul enforcement rules

    December 08, 2011

    The European Commission is to hold a second hearing for rights holders and users before it reveals its proposals to update the rules on enforcement

  • It’s now or never for EU patent reform - Commission

    December 07, 2011

    If EU member states ever want to get a deal on the patent reform package they need to put their negotiating cards on the table, a senior Commission official said today

  • EU agreement held up over seat of court

    December 06, 2011

    EU ministers came close to agreeing a full package of patent reforms last night – but not close enough. The main hurdle that remains to be crossed is the location of the central division of the proposed unified patent court

  • Ministers close to EU patent deal

    December 05, 2011

    European ministers meeting in Brussels could reach agreement on the elements of a patent reform package by the end of today

  • Critics round on EU litigation proposal

    December 02, 2011

    The latest plans to create a pan-European court for patent disputes fail to address the fundamental concerns of users of the patent system

  • Preview: crunch time for EU patent reform

    December 02, 2011

    EU ministers will meet next week to discuss details of the proposed European unified patent court, after the Council presidency and European Parliament agreed a deal yesterday

  • Exclusive: EC changes endanger patent progress

    December 01, 2011

    As discussions over patent and trade reforms in Europe reach a critical stage, the departure of key staff could cause more delays

  • MEPs and Council to discuss unitary patent next week

    November 25, 2011

    MEPs have been given a mandate by Parliament's Legal Affairs Committee to negotiate an EU patent package made up of three proposals (unitary patent, language regime and unified patent court) on November 30.

  • Analysis: Medeva ruling disappoints in the details

    November 24, 2011

    Medeva and Georgetown could suffer from this morning’s ruling from the Court of Justice of the EU (CJ), despite being likely to win their cases

  • Interview: Christoph Then on the Brüstle stem cell ruling

    November 11, 2011

    Following the European Court of Justice ruling on stem cell patents last month, Christoph Then, who helped Greenpeace to challenge the Brüstle patent, tells Managing IP why stem cell research will continue unscathed in Europe

  • Judges’ concerns cast doubt on unitary patent

    November 10, 2011

    A group of 27 European judges has unanimously voiced concern over the inclusion of provisions on substantive patent law in the proposal for an EU unitary patent

  • Trilateral offices set six-month target for first office action

    November 09, 2011

    The EU, Japanese and US patent offices are aiming to issue first office actions within six months, the head of the EPO said at the meeting of the Trilateral offices

  • EU design owners get enforcement boost

    November 08, 2011

    An opinion from the Advocate General of the EU Court of Justice today provides one more small boost to Community designs, saying that owners should not have to prove a similar design invalid before infringement proceedings

  • French company prepares to battle US NPE

    November 08, 2011

    A French company hit by a demand for a patent licence from a Texas-based non-practising entity has adopted an unusual litigation strategy

  • Interview: Dickel Sooriah, co-founder GroupCamp

    November 07, 2011

    At the end of September French software developer GroupCamp received a letter from Texas-based non-practising entity Lodsys accusing it of infringing its patents and inviting it to negotiate a licence. Now its founders have launched a website asking companies in the same situation to pool their knowledge and share prior art to defeat Lodsys’s patents. Managing IP spoke to Dickel Sooriah about GroupCamp’s unusual tactics

  • Samsung’s Frand tactics under scrutiny in EU

    November 04, 2011

    Europe’s antitrust watchdog has asked Samsung and Apple to explain how they enforce standards-essential patents, putting the spotlight on tactics used by the Korean company

  • In depth: Why HGS ruling will benefit biotech investment

    November 03, 2011

    Yesterday’s Supreme Court decision in HGS v Eli Lilly gives applicants more certainty by bringing UK law on industrial applicability into line with that applied in the EPO

  • Patent offices to revise stem cell guidance post-Brüstle

    November 02, 2011

    Patent offices in Europe are considering whether to change their approach to the patenting of stem cell-related inventions following a Court of Justice ruling last month

  • Fire shuts WIPO for two days

    October 28, 2011

    WIPO’s offices in Geneva will reopen at 8.00 am on Monday morning after being closed for the past two days due to an electrical fire

  • Court clarifies plant variety exhaustion

    October 27, 2011

    The owner of a plant variety right can bring an infringement action against a third party that has obtained material from a licensee, if the licensee has contravened the licence “to the extent that the conditions or limitations in question relate directly to the essential features of the Community plant variety right concerned”

  • EPO drops hearings in broccoli patent case

    October 25, 2011

    A new round of hearings over a controversial European patent for broccoli has been cancelled, one week before patent activists planned to demonstrate at the EPO’s Munich headquarters

  • As deadline looms, concerns over EU litigation narrow

    October 20, 2011

    EU member states have set a deadline of the end of this year for political agreement on a unified litigation system. But patent practitioners are increasingly worried about the details of the proposals

  • Court of Justice clarifies design law in Europe

    October 20, 2011

    The Court has defined the “informed user” of a Community design and how designs should be compared, in the first case since designs were introduced

  • Analysis: How the Brüstle ruling has changed the law

    October 19, 2011

    Markus Coehn and Matthias Traut of Fish & Richardson explain how the Court of Justice has reshaped European law on the patenting of stem cells and human embryos

  • Interview: Judge Klaus Grabinski discusses the EU patent court

    October 19, 2011

    In an exclusive interview, one of Germany’s leading patent judges speaks to James Nurton about bifurcation, harmonisation, the prospects for a European patent litigation system – and what makes a good litigator

  • How to protect stem cell research after Brüstle

    October 18, 2011

    Today’s Court of Justice ruling in the Brüstle case is a blow to the biotechnology industry – but the decision is not all bad news for scientists, say IP lawyers

  • Court puts limits on patents for human embryos

    October 18, 2011

    Europe’s highest court has clarified the law on the patentability of processes involving research on human embryos and stem cells

  • EPO allows second chance to challenge PCT examination

    October 13, 2011

    PCT applicants can now submit a second round of arguments to the EPO during an international preliminary examination, following an unusual move by the Office

  • EU confident over unitary patent plans

    October 07, 2011

    EU plans for a unitary patent will not be derailed by legal challenges filed by Spain and Italy, a senior European Commission official predicted today

  • EU member states push for patent agreement this year

    September 30, 2011

    EU members this week backed efforts to agree a single patent and court system by the end of this year

  • WIPO General Assemblies at-a-glance

    September 28, 2011

    More than 1,000 IP officials are gathered in Geneva this week and next to debate, argue over and rubber stamp policy-making work being carried out by the World Intellectual Property Organization

  • EU patent court concerns at a glance

    September 15, 2011

    A group of UK practitioners last week set out their concerns about the proposed unified patent court. Managing IP provides a guide to the substantive points raised

  • EU-China project trains more than 2,700 officials

    September 15, 2011

    A cooperation project between China and the EU has led to more than 2,700 officials working for IP agencies and institutions being trained over the past four years

  • EPO to appoint Brussels lobbyist

    September 14, 2011

    If you like the idea of navigating the choppy political waters of European policy making, the EPO might have the perfect job for you

  • Italy and Spain explain patent opposition

    August 26, 2011

    Spain and Italy have both launched legal challenges to the EU unitary patent

  • Tablet case reveals power of European designs

    August 12, 2011

    If anyone still doubted the value of having a registered Community design, Apple’s successful application for an injunction against Samsung should disabuse them

  • Apple blocks Samsung tablet in EU

    August 10, 2011

    A German court has issued an injunction preventing the sale of Samsung’s Galaxy 10.1 tablet computer in most European countries

  • India and EU agree generics truce

    August 01, 2011

    The EU and India have reached a temporary agreement in their dispute over the seizure at EU ports of Indian generic drugs in transit

  • Court limits power of SPCs

    July 28, 2011

    Products placed on the market in the EU before obtaining a marketing authorisation cannot benefit from supplementary protection certificates, the Court of Justice of the EU said today

  • EU-China IP project comes to a close

    July 28, 2011

    The EU and China have formally ended a four-year IP cooperation project with both sides claiming success, despite frustrations behind the scenes

  • Interview: Robert van Peursem, judge, The Hague

    July 11, 2011

    In an exclusive interview, Robert van Peursem – senior judge in the IP department of The Hague District Court in the Netherlands – talks to James Nurton about judicial freedom, patent reform and cowboy courts

  • Poland pushes unitary patent

    July 11, 2011

    The Polish government says it “will aim to conclude work on the creation of a unitary patent system” during its EU presidency

  • Lawyers’ four demands for an EU patent court system

    June 28, 2011

    Europe’s patent lawyers have welcomed yesterday’s decision to proceed with an EU unitary patent, but warned that its success depends on a satisfactory litigation system

  • EU members agree unitary patent regulations

    June 27, 2011

    An EU unitary patent could exist within two years, after member states today agreed two regulations implementing enhanced cooperation

  • Navigate Europe's complex patent landscape

    June 23, 2011

    IP owners frequently fail to master the patent system in Europe, putting them at a competitive disadvantage, Robin Cefai of Sisvel said today

  • Patent box raises questions for business

    June 15, 2011

    The UK government wants to hear what businesses think about its patent box taxation regime, a senior official said today.

  • Advocate General backs negative SPCs

    June 10, 2011

    The Advocate General of the Court of Justice of the EU has recommended that the Court should rule that supplementary protection certificates (SPCs) can be granted where the delay from patent filing to first marketing authorisation is less than five years

  • Analysis: ingenious solution on European patent court

    June 02, 2011

    The European Commission’s latest proposal for a European patent court suggests there is a way round the Court of Justice’s negative opinion – by making the court less European

  • Italy and Spain launch legal challenge to unitary patent

    May 31, 2011

    The two countries that are not taking part in enhanced cooperation have launched a court challenge against the planned EU unitary patent system

  • Commission breakthrough on EU patent court

    May 31, 2011

    The European Commission has proposed a “suggested solution” for a unitary patent court in the EU, which addresses objections raised by the EU Court of Justice

  • Judge: Europe “in a tangle” over software

    May 27, 2011

    US and EU judges diverged over approaches to patentability of software and business methods during a discussion between judges and IP practitioners this week

  • EPO and OHIM target national offices together

    May 04, 2011

    The EPO and OHIM have signed a memorandum of understanding to cooperate on IT, training and IP promotion in Europe

  • Huawei and ZTE in patent face-off

    April 29, 2011

    China’s two biggest telecommunication companies are now involved in patent and trade mark litigation against each other in Europe and China

  • Unitary patent plan would save applicants 80%

    April 13, 2011

    The European Commission today adopted two proposals for regulations to implement a unitary patent in the European Union

  • Global awards recognise IP leaders

    April 07, 2011

    Law firms Bird & Bird, Baker & McKenzie and Hogan Lovells were among those celebrating at last week’s Managing IP Global Awards Dinner

  • Global awards 2011 – full list of winners

    April 07, 2011

    Managing IP presented more than 60 awards to the leading firms in Europe, Africa, Asia and Latin America at the annual global awards dinner in London last night. Here are the winners:

  • IP counsel reveal how to handle trolls

    April 05, 2011

    In-house counsel from Audi, UBS and Unilever explained why so-called patent trolls are a nuisance and gave tips for handling the unsavoury entities

  • EPO's three-prong plan to tackle backlogs

    April 05, 2011

    The European Patent Office has a three-fold plan to accelerate first office actions, Director of Patent Law and International Affairs Wim van der Eijk said today

  • How to play the European litigation game

    April 05, 2011

    European patent litigation is a game with very complicated rules, speakers agreed at a panel discussion during today's Managing IP International Patent Forum in London

  • EPO and Google team up on translations

    March 24, 2011

    The EPO and Google will work together to provide free machine translations of patents in 32 languages, they confirmed today

  • Hope remains for EU patent

    March 24, 2011

    The European Commission could release two proposals for regulations on the EU patent next week, despite concerns that the project has been torpedoed by the EU Court of Justice

  • WIPO moves forward on traditional knowledge

    March 15, 2011

    WIPO member states are coming closer to agreeing an international instrument on protecting traditional knowledge

  • Howrey moves on

    March 14, 2011

    Howrey voted last week to dissolve, resulting in the defection of its IP partners to firms around the globe. Below is a summary of some of the most notable IP hires from Howrey so far.

  • Court adviser deals blow to stem cell patents

    March 11, 2011

    Research on embryonic stem cells in Europe could be set back following an opinion by the Advocate General of the Court of Justice of the EU

  • Green light for enhanced cooperation

    March 10, 2011

    Representatives of EU member states today approved plans to introduce an EU patent through enhanced cooperation

  • Sony set to contest Playstation 3 order

    March 10, 2011

    Today (March 10) is the deadline for Sony to challenge a Playstation 3 seizure order granted to LG in the Netherlands

  • Questions on SPCs for second medical uses referred

    March 09, 2011

    The Court of Justice of the EU is to clarify whether supplementary protection certificates (SPCs) can be obtained for second medical use patents

  • Analysis: EU patent is now nice bullets, no gun

    March 08, 2011

    A requiem; a great disappointment; the destruction of 10 years’ work. They were some of the reactions today to the EU Court of Justice’s opinion on a single patent court

  • EU patent will go ahead despite opinion, says Commission

    March 08, 2011

    The European Commission today said it will analyse the concerns raised by the Court of Justice "very carefully" to identify appropriate solutions

  • Court deals blow to EU patent court

    March 08, 2011

    The proposed single European patent court is not compatible with the EU treaties, the Court of Justice in Luxembourg said today

  • Crunch week for patents in Europe

    March 02, 2011

    The future of patent protection in Europe is set to be decided in Luxembourg and Brussels next week

  • Jim Pooley on the value of patents

    March 01, 2011

    Patents have a key role to play in packaging technological information, according to WIPO deputy director general Jim Pooley

  • FTA to increase patent protection in Korea

    February 25, 2011

    South Korea is set to reinforce border measures and data protection as part of a free trade agreement with the EU, which was approved by the European Parliament last week

  • CII patents under scrutiny in UK

    February 24, 2011

    A dispute over patents for electronic programming guides is back in court in the UK this week, in the latest battle over computer-implemented inventions in Europe

  • Judges take on technology challenge

    January 13, 2011

    Judges from the US, EU and China have claimed that, in the absence of legal reform, they will have to be responsible for helping the law keep pace with technology

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