European Unitary Patent Paused in Germany

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Uncertainty surrounding the European Unitary Patent continues as Germany’s constitutional court recently halted legislation to ratify it.

Upon receipt from an unknown source, Germany’s constitutional court halted legislation to ratify the European Unitary Patent (UP). The complaint alleged that the UP and Unified Patent Court (UPC) break German law. “The complaint has been taken seriously enough that the court has directed Germany’s federal president not to put forward legislation to make the new system law.”

As the story develops, more details will follow.

To read more about the ruling, please click here.

United Kingdom Set to Ratify Unified Patent Court Agreement

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After months of uncertainty since the United Kingdom voted in favor of Brexit, the UK government has given a green light for the Unified Patent Court and Unitary Patent to proceed.

In a statement from the UK Minister of State for Intellectual Property, Baroness Neville-Rolfe notes: “As the Prime Minister has said, for as long as we are members of the EU, the UK will continue to play a full and active role. The new system will provide an option for businesses that need to protect their inventions across Europe.”

She also went on to add that ratification “should not be seen as preempting the UK’s objectives or position in the forthcoming negotiations with the EU.”

The United Kingdom will continue to prepare for ratification over the next few months and will work with the Preparatory Committee to bring the Unified Patent Court into operation at the earliest possible date.

This move goes against the expectations of many IP experts who predicted that the UK would pull out of the agreement along with an EU exit. One of the most important branches of the UPC is planned for London where rulings on patent disputes in pharmaceuticals and life sciences will take place.

The Unitary Patent (UP) is a response to the European patent system. When ratified, the UP will guarantee protection for inventions in 26 countries throughout Europe.

Friday Foreign Filing Roundup

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Hello, readers.  Let’s get right to it. Please read on for all foreign filing updates from the week of June 2nd:

  • This great read by the WSJ explores why patents are on the rise (some of the reasons aren’t what you would expect!).  
  • This is the first implementation of fee shifting rules mandated by the Supreme Court in regards to patent trolls. 
  • In country specific news, Denmark has voted yes on the Unified Patent Court (UPC). The agreement will set up a single and specialized EU patent jurisdiction. 
  • This survey indicates that companies are looking forward to the unitary European patent system. 
  • See you back here next week and have a great weekend!

Friday Foreign Filing Roundup

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It’s time for the roundup! I hope everyone had a fantastic 4th of July, let’s get right down to it. Check out the latest headlines in foreign patent filing for the week of July 7th:

  • The search for the next head of the US Patent and Trademark Office continues! The plan to name Phil Johnson, executive of Johnson & Johnson, caught severe backlash from the technology industry and proponents of patent reform.
  • 5 of 13 required states have ratified the Unified Patent Court, showing that it is more likely than not that Unitary Patents will become a reality in 2016. 
  • “One Company’s Trash is Another’s Treasure in Patent World”: This article shows how patent sales are on the rise. 
  • The popular world cup chant “I believe that we will win” might be trademarked by San Diego State. 

That’s all for this week. Follow us on Twitter @inoviaIP for more updates relating to intellectual property and foreign patent filing.