Monthly report: February 2023’s exclusive content

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Monthly report: February 2023’s exclusive content

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Managing IP was the first to report major stories that matter, from the race for EUIPO executive director to a UPC case backed by a litigation funder

In-house want joint working groups to monitor EPO quality

February kicked off with a follow-up to one of January’s most popular articles. Reporter Rory O’Neill revealed on February 9 that a group of in-house counsel had offered to form working groups with the EPO to monitor patent quality and improve examiner training.

The offer was among a number of proposals made in a letter, seen by Managing IP, sent to the EPO by members of the Industry Patent Quality Charter (IPQC). Managing IP revealed in January that the IPQC had secured a meeting with the EPO to discuss patent quality.

Click here to read the full article.

EUIPO race for the top job

In fact, it was a busy month for Rory O’Neill, who also secured two scoops on the race for the executive director job at the EUIPO.

First, on February 15, he revealed that João Negrão, president of the EUIPO Boards of Appeal, was officially in the running. Just a week later, on February 21, he reported that the French government had backed INTA CEO Etienne Sanz de Acedo for the role.

The EUIPO’s management board, made up of representatives from member states, the European Parliament and the European Commission, will nominate Archambeau's successor in June.

The nominee will take the post in October, subject to the approval of the European Council.

Click here to read more about Negrão and here about Sanz de Acedo.

Litigation funder poised to launch UPC test case

February also saw the news that the Unified Patent Court will finally come into being after Germany deposited its instrument of ratification on February 17.

Some parties, it seems, are wasting no time.

Just days after Germany’s ratification was confirmed, news editor Max Walters reported that a litigation funder had backed a case that it expected to launch once the UPC becomes operational on June 1.

The source said the funded party had decided to opt for the UPC rather than file in a national court now because of the new system’s Europe-wide reach and the potential for a strong outcome.

Click here to read the full article.

LOT Network aims to snag group of semiconductor firms

Over in the US, the CEO of the LOT Network said it planned to add more semiconductor companies to its membership by getting multiple businesses to join at the same time.

Speaking exclusively to Managing IP’s US reporter Rani Mehta on February 22, Ken Seddon said he was talking to several semiconductor companies, some of which have said that they would join provided others join at the same time.

“I feel like I’m playing matchmaking,” said Seddon, whose organisation stipulates that members automatically get licences to other members’ patents if those patents are sold to non-practising entities.

Click here to read the full article.

Appeal launched over ‘Russian warship’ trademark rejection

February 24 marked exactly one year since Russia invaded Ukraine.

That week also saw the applicant for an EU trademark for 'Russian warship, go fuck yourself' lodge an appeal against the EUIPO’s decision to reject the application.

Legal representatives for the Administration of the State Border Guard Service of Ukraine filed an appeal on February 21. The EUIPO had rejected the application in December.

The administration’s representative, Brussels-based law firm Bukovnik & Kulbaba IP Guardians, exclusively told Managing IP that the decision was groundless and that it planned to take the appeal as far as necessary.

Click here to read the full article.

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In the second of a two-part article, Gabrielle Faure-André and Stéphanie Garçon at Santarelli unpick EPO, UPC and French case law to assess the importance of clinical development timelines in inventive step analyses
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