Publications - Archive
Patent
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European Patent Office Annual Report For 2008, Overall Growth in 2008, Processing of European Patent Applications, Top 25 Filing Countries – Growth in Applications in 2008.
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1 Divisional Applications, 2 Plurality of Independent Claims, and Clarity and Conciseness of the Claims, 3 Mandatory Response to the Extended European Search Report, 4 Mandatory Response to the PCT Report of Applications where EPO acted as ISA or IPEA, 5 Identification of Amendments.
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European Patent Office Annual Report - Continued Growth, Processing of European Patent Applications by the EPO.
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The London Agreement - Entry into force on 1 May 2008, Significant cost savings available , Future developments .
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Preliminary Notice: New levels of EPO Official Fees will apply from 1 April 2008. .
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European Patent Office Annual Report - More Growth , Overall Growth , Processing of European Patent Applications by the EPO , 32 Contracting States - Member Countries of the European Patent System, Top Filing Countries - European Patent Applications 2006 (2005), Top 25 Filing Companies - European Patent Applicatons 2006 (2005).
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New Member Country of the European Patent System on 1 January 2008, EPC 2000 - in force from December 2007, The London Agreement - expected to be in force in the first half of 2008 , Norway - New Member Country of the European Patent System on 1 January 2008.
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Overall Growth Almost 8% in 2006, Users of the PCT, Providers of PCT Services, Top PCT Applicants (Applications Published in 2006), Top PCT Filing Countries .
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Problems Resolved by the Enlarged Board of Appeal of the EPO , Questions, Answers, In Detail - The Decision of the Enlarged Board of Appeal concerning EPO Divisional Practice, European Divisional Applications - Questions and Answers Summarized .
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Entry into force, Article 54 (3) documents, Medical use claims, Doctrine of equivalents, Post-grant amendment, Review by enlarged board of appeal, Procedural changes, Priority claim, Obtaining a filing date, Transitional provisions.
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The European Patent Office has announced increases to some of its fees. The increases will apply to fee payments made on or after 1 April 2006. The table lists the main fees affected by the increases. , Early action to avoid the fee increases? .
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Inherently Unpatentable? - Recent EPO Board of Appeal Decisions on "Technical Character", T0914/02 (General Electric) - Mental Acts - Mere "technical considerations" are insufficient to establish technical character, tangible technical implementation is required - Complexity does not disqualify consideration as mental act - "As such" distinction may not apply to mental acts, T531/03 (Catalina Marketing) - Ignoring non-technical aspects when assessing inventive step is a requirement of the EPC - TRIPS does not mean that non-technical aspects should be considered, T125/04 (Comparative Visual Assessments) - Presentation of Information - Commputer program - Discounting non-technical aspects when assessing inventive step - Normal use of computer - Obvious implementation which provides no inventive step, T858/02 (Lucent) - Presentation of Information - Format or structure of a message is distinct from message content and is not automatically excluded from patentability, T659/04 (Sony) - Presentation of information - Record medium carrying a signal recorded by a new modulation method - New data format - New technical effect (technical character) - Record medium not automatically excluded from patentability.
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Trends in International (PCT) Patent Applications, Continued Growth, PCT Receiving Offices (RO's) - % of Total Applications Received in 2004, PCT International Search Authorities (ISA's) % of Searches Handled, PCT International Preliminary Examination Authorities (IPEA's) of Examination Handled.
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Member countries of the European patent system, New member country of the European patent system, Extended European search report procedure now applies to new applications, Related fee changes, No common European Union position on software patentability, Member countries of the European Union (European Community), The proposed Community Patent, Community Trade Marks and Community Designs, EP facts and figures.
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Comments on European Patent Office annual report for 2004, New filing highs - more applications processed, Top filing countries: European patent applications 2004, Top filing companies: European patent applications 2004.
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European divisional patent applications, Fatal consequences?, Cascading European divisional applications - limited options?, Other recent decisions relating to European divisional applications.
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European Patent Office fee, rule and procedural changes, Summary of new EPO fees effective in 2005, Summary of EPO rule and procedural changes effective in 2005.
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Changes to United Kingdom patent law and practice , Late declarations of priority, Filing date, Missing parts of the description and/or drawings, Reinstatement and Restoration , Other notable changes coming into force later in 2005.
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Disclosure of search results, Examination opinions and abbreviated examination reports.
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Disclaimer practice at the EPO clarified - G1/03 and G2/03.
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Patentability of diagnostic methods referred to enlarged Board of Appeal - G1/04.
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Test for priority clarified by enlarged Board of Appeal - G2/98.
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EC directive on enforcement of intellectual property rights.
Engineering Tech
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Welcome to www.haseltinelake.com!, UK Patent Office Opinions.
Electronics & Communication
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What is an invention? - Requirement for "technical character" reviewed, The Board of Appeal summarized the principles which apply under the EPC in the following terms: , - Examination for "technical character" - strictly separate from examination of other requirements of patentability, - Claims having a mixture of technical and non-technical features - permissible, but novelty and inventive step can only be based on technical features, - The "contribution approach" of Aerotel/Macrossan - rejected, What is an Invention? .
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Welcome to www.haseltinelake.com!, UK Patent Office Opinions.
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Update on patenting computer-implemented inventions at the EPO.
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Patenting business methods and computer programs at the EPO.
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How Linux tried to be free, but got caught in a tangled web of IP rights, Free software is not outside the usual ambit of IP rights, What are the implications for UK companies?
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Use of patents in connection with Internet is controversial, Patents can be obtained for inventions which use the Internet, Amazon.com's "One Click" patent hasn't closed off all on-line retailing competition.
Chemistry & Life Sciences
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New EPO Review of Patentability of Computer Programs , “Probability of Failure” Argument Not Persuasive in the Case of Major Intractable Diseases, Recent EPO Decision Interpreting the word “Isolated” , More European Patents/Applications Lost through Unclear Parameters, Patentee Not Allowed to Use PowerPoint in EPO Oral Proceedings , Questions on the EU Biotech Directive Referred to the ECJ .
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New Partner in Chemistry & Life Sciences Group, Former Yugoslav Republic of Macedonia Joins the EPC, San Marino to Join the EPC, Customs Authorities Can Exercise Administrative Powers under Local Law in Agreed-Destruction Cases, UK House of Lords Dismisses Appeal in Pharmaceutical Sufficiency Case, EPO Enlarged Board Decision in the WARF Referral, Pharmaceuticals Companies’ Attempts to Control Parallel Importation By Restriction of Supply Reviewed by the ECJ, Law of Double Patenting Under Scrutiny in the EPO, First Successful Claim of UK Employee Compensation, ECJ Case C-452/07 Terminated.
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New EPO Review of Patentability of Computer Programs, "Probably of Failure" Argument Not Persuasive in the Case of Major Intractable Diseases, Recent EPO Decision Interpreting the word "Isolated", More European Patents/Applications Lost through Unclear Parameters, Patentee Not Allowed to Use PowerPoint in EPO Oral Proceedings, Questions on the EU Biotech Directive Referred to the ECJ.
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New EPO Review of Patentability of Computer Programs, "Probability of Failure" Argument Not Persuasive in the Case of Major Intractable Diseases, Recent EPO Decision Interpreting the word "Isolated", More European Patents/Applications Lost through Unclear Parameters, Patentee Not Allowed to use PowerPoint in EPO Oral Proceedings, Questions on the EU Biotech Directive Referred to the ECJ.
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Patentability of Administration Protocols Under Review in Europe, Sufficiency of Patents to Novel Pharmaceutical Products Considered in the English Court of Appeal, EPO To Conduct Prior Art Searches on Italian Patent Applications, Strict Requirements Applied to Priority Assignments in the EPO, Further Referral to the EPO Enlarged Board of Appeal on Plant Production Inventions.
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Another Fine Mess! - Confusion about New Matter in Europe, and Beware of Amendments suggested by the EPO!, English Court Considers Infringement of Claims to "Isolated" DNA, Strict EPO Test for Priority Confirmed in Biotech Case, Introduced Disclaimer Not Available Where Prior Art is Unclear, Recombing Parts of a More Complex Definition of a Composition Adds New Matter.
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Happy New Year!, Croatia and Norway Join the EPC, How Predictable is One Anti-cancer Activity from Others?, Questions about SPC Applications Referred to ECJ, EU Joins the Hague Agreement on Industrial Designs , EC Regulations on Paediatric Medicines and Compulsory Licences .
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London Agreement to Come into Force, EPO Board of Appeal Clarifies Requirements for Internet Prior Art , More Unclear or Insufficiently Described Parameters Cause Problems for Patentees/Applicants, Start Date of EPC2000 is 13 December 2007.
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Implementation of EU Biotech Directive Now Complete, Are SPCs Available for Second/Subsequent Medical Uses?, Countdown to EPC2000 , Norway to Join the EPC, EPO to Stop Private Searches, Stay Refused in Pharmaceutical Case of Parallel EPO and UK Proceedings.
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Liberal Divisional Practice Continues at the EPO , UK Patent Damages, Account or Costs Not Negated by Later Revocation in the EPO , More European Patents Lost through Use of Unclear Parameters, Appellant-Patentee's General Right to Revert to Claims as Granted Affirmed , Example Written in the Present Tense Supportive of Inventive Step in Biotech Case.
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New Associate in the Chemical and Life Sciences Group, UK Patent Office Name Change, Pharmaceutical Repackaging/Relabelling Conditions Clarified, Claim Combinations in the EPO Need Clear Basis, Preferably in the Original Dependencies , Italy - Official Fees for Intellectual Property Rights, Countdown to EPC2000, Two New Referrals to the EPO Enlarged Board of Appeal.
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US Priority Documents to be Obtained Directly by the EPO, Countdown to EPC 2000, Malta Becomes the 32nd EPC Contracting State, Must Naturally Occurring Nucleotide Sequences be Claimed as "Isolated" in Europe?, First Decision in G 1/05 (EPO Divisional Practice), Patentee Prevented from Reversing, at Oral Proceedings, an earlier Admission of Prior Publication, Promotion of an SPC- or Patent-protected Product Infringes in Germany.
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Gowers Review of IP in the United Kingdom Published, Clarity of Relative Expressions in EPO Claims, Two More Salutary Parameter Decisions from the EPO, A "Method of Diagnostic Imaging" is Patentable If the Diagnostic Step is Not Specified.
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Lipitor (TM) Appeal and Cross-Appeal Dismissed, "Comprises" Not Always Amendable To "Consisting Essentially Of" in the EPO, "Characterised as..." Not Clear in EPO Composition Claims, A Disclosed Embodiment Provides Basis for a Corresponding Specific Disclaimer.
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Patent Cross-Border Injunctions Held Up in Customs, and Torpedoes Torpedoed, Update on Implementation of the EC IP Enforcement Directive, Purely Psychological Research Tool Inventions Not Patentable in the EPO, First UK Patent Office Opinion Issued in Chem/Pharma/Bio Field.
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Report on Implementation of EC IP Enforcement Directive - "Knowledge" Test Introduced into the Assessment of Damages, Interpretation of EPC Rule 23d(c) Referred to Enlarged Board, SPCs Not Available for Delayed-Release Formulations of Old Actives, Verbatim Incorporation of Full Cross-Referenced Document Adds New Matter.
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Progress Report on EPO’s Review of Divisional Practice, It’s Enough to Make You Swear!, EPO Examines “First Application” Status in a Priority Analysis.
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A Relevant Subsidiary Business in a Corporate Group Should Oppose in its Own Name, Viagra Opposition Concludes in the EPO Board of Appeal, Biotech Patentability Questions to be Referred to EPO Enlarged Board , Examples that Become Excluded by a Disclaimer are Relevant to Support the Claims, Burden of Proof in Crystalline Form Cases Favourable to Applicants/Patentees.
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New Associate, Update on Implementation of the European Bolar Exemption Provisions, "Diagnostic Methods" Narrowly Interpreted in European Law, Four UK Patent Office Opinions Issued up to 15 February 2006, EPC 2000 Start Date Established.
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Progress Report on Implementation of the European-style "Bolar Exemption", EPO Board of Appeal 3.3.4 Approves Swiss Claims in "Administration Protocol" Case, Divisional Practice to be Reviewed by EPO Enlarged Board of Appeal, UK Patent Office Revises Interpretation of Product-by-Process Claims.
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"Enabling Disclosure" Considered in a "Crystalline Form" Case in the UK , Lipitor™ UK Master Patent Construed Broadly in Challenge by Ranbaxy, but later Salt Patent Held Invalid - Observations on the Patentability of Selection Inventions in the UK.
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Germany Implements EU Biotechnology Directive with a Twist, Claims defined by Parameters at Risk of Invalidity in the EPO , Suspension of European Patent Application Reviewed in Entitlement Dispute.
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Welcome to www.haseltinelake.com, Next Stage of Implementation of the UK Patents Act 2004, Start of UK Patent Office Opinions on Infringement or Validity.
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EPO still inconsistent on requiring supporting data in the application in second medical use case, Oncomouse decision issued by EPO Board of Appeal 3.3.8, Methods of treatment of the human or animal body by surgery are patentable in some circumstances, Supplementary Protection Certificates (SPCs) – the Liechtenstein question.
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European patent office moves to stricter requirements for divisional applications, Costs awarded in EPO opposition proceedings, Recent EPO cases on novelty.
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EPO approves claims to an old therapeutic use defined by a new mode of action, Time limit for completing EPO grant formalities to be non-extendable, German Federal Court rules on claim construction, EPO to cease paper publication of patent applications and patents.
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UK patent law revision – update, UK patent office opinions – introduction, EPO questions use of elaborate visual aids at oral proceedings, Amicus brief filed in EPO’s review of prohibition on diagnostic methods.
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The Kirin Amgen decision, House of lords rules on sufficiency and claim construction in biotech case .
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UK patent law revision, European-style “Bolar Exemption” to be introduced, EPO Board of Appeal develops novelty test in disclaimer case.
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Patentability of diagnostic methods referred to enlarged Board of Appeal - G1/04.
Nanotechnology
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Examining Nanotech Inventions, Class 977 and Interpretation of Nano-Jargon, Haseltine Lake's Cross-Disciplinary Nanotechnology Team.
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Introduction to Haseltine Lake's Nanotechnology Team, Meet the Team members.
TM, Design & Brand
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- Haseltine Lake welcomes new IP & Media Solicitor, - Electronic registration certificates for CTMs, - The PAGO decision - out of juice?, - Haseltine Lake's opening of branch office in The Netherlands.
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Community Trade Mark Filing Service-Beware, Oiling The Wheels Of Commerce: It's Worth Registering Labels , Reputation, Reputation, Reputation: As Relevant As Ever , UKIPO Fee Changes.
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UK: opposition term reduced to 2 months, Adwords, UK: objecting to company names, Cautionary sales: using your brands abroad, Beware...domain names.
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Bubble Trouble?
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Domain Names Warning , Official searches become optional for Community Trade Mark applicants .
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UK trade mark applications: new fast-track examination , - What does this mean? , - What will this cost? , - Why choose the fast-track?
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Brief outline of UK opposition procedure, What Haseltine Lake will do, Recommendations to trade mark owners.
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Dyson v. Qualtex - design right decision in the High Court, Originality, Must fit and must match, Commonplace, Surface decoration, Duration, Acquiescence.
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Slogans, Trade marks with reputation, Italian names, Registrability of Names in the United Kingdom, OHIM fees, .eu domain name.
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Reasons and requirements for claiming seniority, Timing of seniority claim, Lapse of national rights, Loss of CTM.
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Basis for filing and cost, The application form and registration, Objections to registration, After registration, Targeting Europe: considerations, Community trade mark v Madrid?, Table of official fees, list of protocol members and country codes, Example of completed application form .
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What is a CTM?, The CTM application process, Opposition, Conversion, Linkage, Seniority, Rights conferred by a CTM, Duration.
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What constitutes a registrable design?, The application procedure, Scope for protection, The advantages of the Community design system.
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An at-a-glance guide to the Registered Community Design.
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