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Under 35 USC 251, a US patent can be reissued when, through error without any deceptive intention, the patent is deemed wholly or partially inoperative or invalid because the patentee claimed less than he had a right to claim in the patent. Reissues that broaden the scope of the original claims may be granted only if sought within two years of the issue date of the patent.

In a recent decision (3 Ni 3/01) the German Federal Patent Court concluded that one working example in a patent can be a basis to maintain method claims of broader scope in view of insufficiency objections raised in nullity proceedings.

Ralph Cunningham, Hong Kong

The owner of a French patent who institutes infringement proceedings against an alleged infringer must provide proof of this infringement before the court.

Patent registration of computer-related inventions has become accepted around the world but Thailand should wait for the situation elsewhere to become more predictable before deciding, argues Saravuth Pitiyasak

Ruchi Tripathi, Action Aid

IP attorneys have weathered the economic downturn, but now face the prospect of a patent revolution as reforms to the PTO and criticisms of the IP system combine to transform current practices. James Nurton reports

The UK Copyright Directorate launched a consultation on the implementation of the EU Copyright Directive (the Directive) into UK law on August 7 2002. The Directive entered into force on July 22 2001 and member states are required to transpose it into domestic law by December 2002. The aim of the Directive is to harmonize rights in certain key areas, in particular to deal with the challenges of the internet, e-commerce and digital technology.

The amended Romanian Patent Law 203/2002, which became effective on August 22 2002, brought some necessary clarifications concerning the rights conferred by a patent in the biological or genetic field.

Under the Mexican Industrial Property Law trade names are published rather than registered, as happens with service marks. The difference between a publication and a registration basically consists in the rights derived from the legislation. While the exclusive right to use a service mark is granted only by means of a registration, a trade name does not require a registration to produce legal effects against third parties. Indeed, according to the Law, trade names are protected by virtue of their use without the benefit of a registration. The purpose of the publication is only to establish a presumption of good faith in the adoption and use of the trade name. Accordingly, use of a trade name is essential to produce its legal effects.