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  • Many IP owners have sound commercial reasons for wanting to secure patent rights as quickly as possible. Here is a guide to getting patents granted faster by examiners in eight patent offices
  • On July 2 2010, the Advocates General (AG) of the Court of Justice of the EU delivered their statement of opinion regarding the draft agreement on the establishment of a European patent court. The opinion of the AG, which is non-binding on the Court, concludes that the draft agreement is incompatible with EU law. The reasons underlying this conclusion are, however, of such a nature that it seems possible to overcome the AG's objections by rather uncontroversial amendments to the agreement, and possibly of the European Patent Convention.
  • The Austrian Supreme Court recently handed down a judgment that may answer some burning questions on patent infringement proceedings.
  • Charles Goemaere and Fabrice Mattei consider the lessons GI owners can learn from Champagne’s successful registrations in Thailand and Indonesia
  • The USPTO has issued updated guidelines for examiners with respect to determining whether or not an invention is obvious. In the past three years, there have been several significant cases that have clarified the KSR v Teleflex ruling on obviousness further. The new guidelines take into consideration a total of 24 Federal Circuit cases that have offered additional guidance for examiners on interpreting KSR. The Office has grouped the cases into four categories of teaching points: (1) combining prior art elements; (2) substituting one known element for another; (3) the obvious-to-try rationale; and (4) consideration of evidence. These include In re Kubin, Crocs v International Trade Commission, DePuy Spine v Medtronic, and Eisai v Dr Reddy's Labs. Robert Polit of McAndrews Held & Malloy said that the guidelines will be "very useful – if examiners decide to use them". The guidelines are open to public comment and suggestions should be sent by email to KSR_Guidance@uspto.gov. There is no deadline for submitting comments.
  • Eileen McDermott, New York
  • Last month the Federal Circuit ruled that a lower court had been wrong to throw out a false marking lawsuit. Eileen McDermott considers what the decision means for IP owners who have been sued, and for those who still may be
  • Emma Barraclough, London