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Topic: Community Patent


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In the News (Wed 11 Nov 09)

  
  SCADPlus: Community patent
The Community patent is unitary and autonomous, i.e.
The patent is invalidated retroactively, except in decisions on infringement which have acquired the authority of res judicata and been enforced prior to the invalidity decision; nor does the retroactive effect of the invalidity affect contracts concluded and performed prior to the invalidity decision.
At the request of the proprietor, a Community patent may be limited in the form of an amendment to the claims, the description or the drawings.
europa.eu /scadplus/leg/en/lvb/l26056.htm   (2179 words)

  
 net.wars: Patent harmony
In what seems to have been a shock to all concerned, the European Commission yesterday said last week that it would ban software patents in the EU in the upcoming community patent legislation – and would be binding upon the European Patent Office.
Patents granted by the EPO are valid in all the EPC countries.
The Commission itself may issue the death certificate for the community patent, by officially withdrawing the proposal that is still, formally, on the table, for a community patent regulation.
www.pelicancrossing.net /netwars/2006/05/patent_harmony.html   (1127 words)

  
 Internal Market - Industrial Property - Patents
The European Council held in Lisbon in March 2000 called for the creation of a Community patent system to address existing shortcomings in the legal protection for inventions, thus giving an incentive for investments in research and development and contributing to the competitiveness of the economy as a whole.
The effective entry into operation of the Community patent system requires the adoption of this regulation by the Council and of subsequent implementing regulations to be adopted in comitology procedure.
In the framework of the creation of a unitary Community patent, two Commission proposals have also been presented on December 2003 on the establishment of a Community patent jurisdiction.
ec.europa.eu /internal_market/indprop/patent/index_en.htm   (867 words)

  
 Patent Baristas » The Future of Patent Policy In Europe? Dissent.
German patent attorneys insisted in their collective institutional reply that there is no reason for a political debate on principles concerning patent protection in view of ethical behavior, protection of the environment, health protection, or freedom of information.
The most radical approach was shown by the German Patent Attorneys who dismiss the EU Community Patent as proposed with the common political approach, and ask the Commission to withdraw that proposal.
Stakeholders are of the opinion that the patentability criteria are de facto harmonized by a number of international instruments, the most important of them being the European Patent Convention (EPC).
www.patentbaristas.com /archives/000443.php   (613 words)

  
 Community Patent - Wikipedia, the free encyclopedia
The Community Patent should not be confused with European patents which are granted under the European Patent Convention.
The "Luxembourg Conference on the Community Patent" took place indeed in 1975 and the Convention for the European Patent for the common market, or (Luxembourg) Community Patent Convention (CPC), was signed at Luxembourg on December 15, 1975, by the 9 member states of the European Economic Community at that time.
Discussion regarding the Community Patent had made clear progress in 2003 when a political agreement was reached on March 3, 2003.
en.wikipedia.org /wiki/Community_Patent   (1341 words)

  
 WebWire® | IBM Establishes Worldwide Patent Policy to Promote Innovation
Patent applications must be written with clear specifications and claims, and include a thorough review of prior art.
Patent applications are generally published automatically 18 months after filing, but where they are not, applicants should request 18-month publication.
Patent owners should record their ownership in their own name and not in the name of a shell company, and patent applicants should state in their applications who owns those applications.
www.webwire.com /ViewPressRel.asp?aId=21062   (1127 words)

  
 EU countries reach agreement on the"Community Patent"
According to the European Commission, the "community patent" which could be valid in 25 European countries once the EU expands to 10 more members in 2004 and will cost about Euro 25,000 (US$ 27,000).
The first community patents are expected to be issued within five years, once the new law has been approved by the national parliaments.
On the language, patent applicants would have to pay for the translation of the first three pages of the document, which define the legal scope of the patent in all the EU languages.
www.wptn.com /patent_vol5is1/pat_003_vol5is1.htm   (227 words)

  
 Patinnova '97: Proceedings: Green Paper on the Community Patent and Patent System in Europe
The debate is more on the practical aspects of patent protection and on their effects on the marketplace rather than on the legal structure of the patent system.
It will mainly deal with the Community patent and its possible future, but it will also cover questions which are necessarily related to the Community patent, such as the costs of translations and the need for further harmonisation of patent law at Community level.
As you know, the European patent is not a uniform title of protection but it allows protection in as many countries as the applicant wants; after grant, it forms what is known as a `bundle' of national patents.
cordis.europa.eu /patinnova/src/waters.htm   (2469 words)

  
 [No title]
A harmonised community patent system was first discussed in 1997 and, 7 years on, we are still no closer to filing a Community Patent.
The delay stems from the debate within the Community on what can and cannot be considered a patent in Europe.
They argue that the proposed Community patent would be heavily in favour of the large multi-national who will have the dedicated resources and deep pockets to cope with the increased costs.
www.rtcoopers.com /eupatent.php   (261 words)

  
 Community patent
On 1 August 2000, the Commission proposed the creation of a Community patent by way of an EC Regulation (PDF, 134 KB).
The latest Proposal for a Council Regulation on the Community patent is dated 8.3.2004 (document 7119/04).
Once the Community Patent Regulation has been adopted, it will be necessary to revise the EPC in order to accommodate the Community patent and enable the European Community to become party to the EPC.
www.epo.org /patents/law/legislative-initiatives/community-patent.html   (387 words)

  
 EUROPEAN PATENT
The minimum information for filing the patent is contained in 1, 2 and 3.
If the European Patent Application comes from a PCT application, the Request for Examination has to be ordered at this time.
Patent Validation and filing the local language translations in the designated states.
www.patentarea.com /eu_patent_requirements.html   (392 words)

  
 Peer to Patent
Community Patent Review is run by a Project Team from New York Law School working with an Executive Team from the USPTO and overseen by the Steering Committee and the Advisory Board.
Community Patent Review aims to improve the quality of issued patents by giving the patent examiner access to better information by means of an open network for community peer review of patent applications.
Patent applicants have no greater duty to disclose references to the patent examiner as a result of this process because the threshold requirements of materiality and intent, as they apply to traditional patent practice, would adequately regulate inequitable conduct in the CPR framework.
cairns.typepad.com /peertopatent   (11682 words)

  
 Patent law opposed - Business - International Herald Tribune
The so-called community patent would promise inventors a cheaper way to register their inventions across the European Union and more legal certainty for their patents.
But even though industry has the most to gain from the community patent, three of the most influential industry lobbying groups have advised the commission to drop the initiative for now and instead improve the existing patent regime run by the European Patent Office in Munich.
The commission proposed that patents should be drafted in only three languages, rather than the 20 official languages of the European Union.
www.iht.com /articles/2006/06/23/business/patents.php   (647 words)

  
 EU - Community Patent Proposals
Community patents will be granted by the European Patent Office with pre-grant procedure, essentially the same as at present.
Although not included in the common political statement, it is expected that the sanction for failure to file all translations in time will be that the Community Patent will be transformed into a bundle of national patents for those countries for which a translation has been filed.
The European Patent Office will be required to allow applicants having a national language other than English, French or German to have the preliminary steps prior to examination (including searches in non-EPO official languages) carried out in a national patent office acting on behalf of the EPO.
www.ladas.com /BULLETINS/2004/0304Bulletin/EU_ComPatent.html   (410 words)

  
 European patent law - Wikipedia, the free encyclopedia
Patents having effect in European states may be obtained either nationally, via national patent offices, or via a centralised patent prosecution process at the European Patent Office (EPO).
The creation of a Community Patent system, which would lead to a single unitary patent, has been debated since the 1970s, but those debates have yet to reach agreement on the institution of such a system.
The UK courts and Patent Office have arrived at apparently slight differences in interpretation of patentability of certain subject matter, for instance in the area of patent applications for computer software and business methods (see for example Software patents under United Kingdom patent law), but these differences are often more imagined than real.
en.wikipedia.org /wiki/European_patent_law   (1089 words)

  
 WikiPatents Enables Public Patent Review
WikiPatents provides patent examiners at the Patent Office and the patent community another powerful resource that will add reliability, clarity, and efficiency to the patent process.
WikiPatents is a free-access web site and database containing millions of patents that allows the interested public to discuss, rate, and vote on published patents and, soon, pending patent applications.
WikiPatents seeks to become the crossroads where patent examiners, inventors, investors, patent attorneys, and litigants join to discuss the merits of patents and patent applications.
www.prweb.com /releases/patent/patents/prweb429951.htm   (368 words)

  
 EPO - Legislative Initiatives in European Patent Law
On 1 August 2000, the Commission proposed the creation of a Community patent by way of an EC Regulation (PDF, 134 KB).
The latest Proposal for a Council Regulation on the Community patent is dated 8.3.2004 (document 7119/04).
Once the Community Patent Regulation has been adopted, it will be necessary to revise the EPC in order to accommodate the Community patent and enable the European Community to become party to the EPC.
patlaw-reform.european-patent-office.org /community_patent   (399 words)

  
 ITworld.com - Prospects fading for single European patent regime
The prospects for a single, European Union-wide patent regime appear to be dimming, as industry groups representing some of the most innovative companies active in Europe are urging the European Commission to abandon its promise earlier this year to make �one final push� to adopt the so-called Community patent.
�A revisiting of substantive patent law in the context of the Community patent is not warranted,� it said in its submission to the Commission�s consultation.
�Recognizing the economic importance of patents, I felt it was not a good thing to leave the entire patent agenda in limbo,� he said, explaining why he embarked on his �final push� for the Community patent.
www.itworld.com /Man/2687/060626europatent/pfindex.html   (1014 words)

  
 LinuxElectrons - Community Patent Review Project Was Subject of USPTO Briefing
NEW YORK – The Community Patent Initiative at New York Law School has said that its director, Professor Beth Noveck, along with representatives from IBM, presented an overview of the Community Patent Review pilot project at a briefing hosted by the U.S. Patent and Trademark Office (USPTO) this past Friday, May 12, 2006.
The pilot project is an initiative of the USPTO with support from the private sector, including the Community Patent Initiative at New York Law School and IBM.
IBM announced in January patent quality initiatives it is undertaking with the USPTO, Open Source Development Labs (OSDL), members of the open source software community and academia that is focused on improving U.S. patent quality.
www.linuxelectrons.com /article.php/20060515094015882   (1007 words)

  
 Boing Boing: Patent office will ask the public to "peer review" inventions
The USPTO is overloaded with patent filings, so it does little or no investigation into patnets before rubber-stamping them, expecting that the courts will sort out who invented what.
Peer to Patent aims to address this by encouraging the public to review patents, to determine whether they are valid based on the at-large expert knowledge about what has already been invented and what is a new, useful, nonobvious invention.
IBM has agreed to have its patents vetted by the public as a guinea pig in the project.
www.boingboing.net /2006/05/08/patent_office_will_a.html   (333 words)

  
 The Peer to Patent Project - Community Patent Review
This historic initiative connects an open network of community input to the legal decision-making process.
Peer-to-Patent involves 1) review and discussion of posted patent applications, 2) research to locate prior art references 3) uploading prior art references relevant to the claims, 4) annotating and evaluating submitted prior art, and 5) top ten references, along with commentary, forwarded to the USPTO.
Public participation is crucial to demonstrating the value of openness and making the case for greater USPTO accountability to the technical community.
dotank.nyls.edu /communitypatent/about.html   (230 words)

  
 Patentanwalt Axel H. Horns' Blog on Intellectual Property Law - Patent, Trade Mark & Design
A number of the speakers, whose representation was heavy on the industry and patent attorney side, said there is a need for a European Community patent, which could mean that a patent issued anywhere within the Community would apply to all.
Some industry representatives doubted the viability of a Community patent, particularly a 'common political approach' drafted in 2003 by the European Union members.
Yet other groups, including the European Committee for Interoperable Systems, firmly opposed a Community patent as well as an arbitration system, saying that overprotection is not an incentive for innovation, and argued that the public interest should be respected.
www.ipjur.com /2006/07/is-eu-community-patent-virtually-dead.php3   (577 words)

  
 The Community Patent - necessity or white elephant? - Thomson Scientific
This would be a patent valid throughout the EU obtained through a single application and, in theory, would strengthen and unify measures to protect intellectual property rights for European industry, improve the management of patent rights and encourage competition and innovation.
Sixty one percent of companies felt that the current European patent system put European businesses at a disadvantage compared with US and Japanese companies - nearly 75% of these were from the Biotech and pharmaceutical sectors (figure 3) - but only 33% thought that the Community Patent would make the European system more competitive.
Until the EC provide precise details on how the Community Patent will work, it is hard to say whether it will prove to be a huge success or a white elephant.
scientific.thomson.com /free/ipmatters/euroiss/8199832   (859 words)

  
 Suffolk University Law School : Patent Law
DNA Patent Database The DPD, a joint project of the Georgetown University's Kennedy Institute of Ethics and the Foundation for Genetic Medicine, allows free public access to the full text and analysis of all DNA patents issued by the United States Patent and Trademark Office (PTO).
DOE Patent Database You can search for patents and patent applications by the Department of Energy and its contractors or assignees.
Patent Attorneys& Agents Patent attorneys and agents registered to practice before the PTO.
www.law.suffolk.edu /library/research/a-z/webography/patent.cfm   (396 words)

  
 Community Patent Review Project to Be Subject of May 12 USPTO Briefing
The Community Patent Review Pilot, currently under consideration by the USTPO, would provide an online peer review system for patent applications designed to ensure that patent examiners have access to the most pertinent information when determining if an invention is patentable.
As one of the elements of the patent quality initiative, IBM is the first corporation that has committed to consent to community peer review of published patent applications owned by the company by allowing third parties to submit commentary explaining the relevance of the prior art they provide to the patent office.
The goal of the Project is to help patent examiners find the right references and eventually to have access to those who can advise on how to combine them.
www.nyls.edu /pages/4639.asp   (940 words)

  
 IBM Press room - 2006-09-26 IBM Establishes Worldwide Patent Policy to Promote Innovation - United States
Patent applicants are responsible for the quality and clarity of their patent applications.
Patent applications should be available for public examination.
Patent applications should be available for public examination and comment.
www-03.ibm.com /press/us/en/pressrelease/20325.wss   (1149 words)

  
 AEL - (Association Electronique Libre) WikiWiki - Community Patent
EU urged to make up its mind on Community patent The president of the European Patent Office has urged the EU to take a decision on the long-awaited community patent.
A final decision on community patents will now be refered to EU leaders for a final decision at their summit meeting in December.
The community patent will make it less costly and quicker to get an european patent by not requirig a translation for all member states where the patent should be granted.
wiki.ael.be /index.php/CommunityPatent   (486 words)

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