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Australia: Patent Office fights hard on obviousness

Recently, in Cronk v Commissioner of Patents [2014] FCA 37, a Federal Court appeal from the decision of the Patent Office to reject an application on the basis of obviousness, the Patent Office has taken the extraordinary step of engaging experts to attempt to establish to the court the obviousness of the invention.

Managing IP Correspondent, April 28 2014
Canada: Significant changes to Trade-marks Act proposed

On March 28 2014 the government of Canada proposed significant changes to Canada's Trade-marks Act. This note highlights the most significant proposed changes.

Managing IP Correspondent, April 28 2014
Mexico: Effective use of a trade mark

The trade mark system in Mexico faces several problems because there are numerous trade mark registrations in the Registry that were granted to identify a lot of products and/or services within one class. In commercial practice these trade marks are not used to identify each and every product and/or service protected, but only to identify one or some of them.

Managing IP Correspondent, April 28 2014
European Patent Office: Clarity in opposition – a clearer picture?

The EPC recognises three main grounds for opposition (Article 100 EPC): (1) that the invention is not patentable (for example, not novel or inventive); (2) that the invention is not sufficiently disclosed; and (3) that subject-matter has been added.

Managing IP Correspondent, April 28 2014
Middle East: GCC first-to-file countries

All countries of the Gulf are civil law countries with the code typically exhaustively covering the complete system of the law. This being said, the first-to-file concept is given considerable weight. Despite the fact that some GCC countries may offer a limited amount of common law rights, enforcement is relative and solely determined by the practitioner handling the case.

Managing IP Correspondent, April 28 2014
Portugal: SPCs and patents can now be transferred independently

The Portuguese PTMO has published on its website a notice concerning a change in the proceedings related to the transfer of ownership of supplementary protection certificates (SPCs).

Managing IP Correspondent, April 28 2014

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