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A monthly column devoted to IP curiosities and controversies, named in honour of John of Utynam - who received the world's first recorded patent in 1449

In the US, a particular word or symbol which is not used as a source identifier for products being sold, but is instead used to inform purchasers that the goods or services of a third party possess certain characteristics or meet certain qualification standards established by another person, is known as a certification mark.

When filing a US patent application claiming priority to a corresponding non-English language foreign patent application, it is important to be alert to possible translation errors. If a patent issues with a translation error in the claim, that claim may be held to be invalid for indefiniteness under 35 USC, Section 112. Alternatively, the error in the translation may result in a judge interpreting the claims more narrowly than the original claim, such that an accused product may be found to be non-infringing.

The Korean Intellectual Property Office (KIPO) is shifting its policy focus from fast-for-all examinations to customer-tailored high quality examinations. Under the proposed system (scheduled to start on October 1 2008), KIPO will allow applicants to choose one of three examination tracks: accelerated, normal, or delayed examination.

The Saudi Trade Mark Law sets out the rights of a trade mark owner in Saudi Arabia against infringement. Since the law provides protection against infringement only for registered trade marks in Saudi Arabia, unregistered trade marks cannot be enforced. Administrative and legal actions are available against trade mark infringement in Saudi Arabia.

In recent months, the Mexican Patent Office (IMPI) has changed its practice regarding the time limit to file divisional applications. In cases where divisional applications are filed as a result of a requirement regarding lack of unity of the invention, they must be filed simultaneously with the response to said requirement, rather than at a later date, as was traditionally acceptable.

Governments should consider setting up bodies to reduce the barriers for SMEs entering the patenting process and improve the quality of applications, argues Rafaël Kiebooms

In a recent decision, the German Federal Court of Justice (BGH) ruled that a patent claiming a technical effect that is not indicated in the priority application may still validly claim priority if the obtaining of the effect seems self-evident to a person skilled in the art when reworking the disclosed invention (BGH X ZR 107/04).

The Chilean Association of Intellectual Property, the Chilean group of AIPPI, known by the abbreviated name ACHIPI, celebrates its 40th anniversary this year. For this purpose, the group organised the first international IP Work Sessions, entitled "Intellectual Property, a development tool", which recently took place in Santiago, on September 1 2008.

ELZABURU partner Miguel Angel Medina outlines some of the key differences between challenging trade mark applications at national and Community level