Current news

CASE MANAGEMENT SYSTEM - NEW AUTHENTICATION AND ELECTRONIC SIGNATURE

It is published on the website of the UPC that, as of September, the UPC's Case Management System (CMS) login process will be based on a new, strong authentication scheme providing the highest level of security. Instead of the current simple Account/Password-system, an electronic Identification Certificate compliant with EU Regulation No. 910/2014 (eIDAS-Verordnung) will be required. Moreover, a "qualified electronic signature" will be required to electronically sign legal UPC documents.

The implementation will take place in the next release of the UPC CMS v0.65 and will be activated mid or end of September 2022.

For more details please be referred to the website of the UPC:
Case Management System - New authentication and electronic signature | Unified Patent Court (unified-patent-court.org)

The new authentication scheme marks a major milestone in the implementation of the CMS and, hence, a big step forward to the start of the Sunrise Period.

FERRARI WINS ANOTHER RACE – UNREGISTERED DESIGNS IN EU

an article by Dr. Christian Thomas, published in the Japanese Journal "A.I.P.P.I."; Vol. 67, No.7, 2022. Click here for the original document.

EPO NEWS: EPO introduces systematic final search for prior national rights

Prior rights as prior art are limited to European applications in the grant procedure before the EPO. After grant, however, earlier national rights must be taken into account in the validation of the national bundle patent, which is why different claim versions are then possible for the national bundle patent before the substantive examination is completed.

This is of particular importance for the future unitary patent, as only one uniform claim version can exist here. This claim version should therefore also take account of existing earlier rights before grant.

The EPO therefore offers applicants an additional service to help them decide whether to file separate sets of claims. The examining division will search for prior national rights, assess their prima facie relevance and communicate the citations of all prima facie relevant national rights in a notice of intention to grant (Rule 71(3) EPC). On this basis, applicants may assess in detail any national right opposed.

RECOMMENDED AGAIN

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EPO STUDY ON THE POTENTIAL IMPACT OF INTRODUCING A GRACE PERIOD IN EUROPE

German patent law provided for a grace period until 1978. The US still has it today.
Since the EPC (and all national European patent systems) do not provide for a grace period, but are based on the absolute concept of novelty, the possible introduction of a grace period is a recurring topic in the debate on harmonisation of substantive patent law.

Most recently, the EPO published a study on the subject.
The aim of the study is to inform the current debates on this topic by providing an evidence-based assessment of the potential economic impact of introducing a grace period in Europe.

Here is the full study and a summary of the key findings (English only).

SAVE THE DATE

for our 32nd EUROPEAN INTELLECTUAL PROPERTY SEMINAR from October 2 to 5, 2022 on site in Freising.

More information will follow soon! We look forward to welcoming you then!

“BEING THERE IS EVERYTHING” DOES NOT SATISFY US…

Christian Thomas, Detlef von Ahsen and the firm itself have repeatedly been awarded 1 x Silver and 2 x Bronze by WTR 1000. Click here for the ranking!

ABSTRACT OF DPMA NOTICE NO. 3/22

The deadline for entering the national phase before the GPTO has been extended from 30 months to 31 months. The new rule will enter into force on 1 May 2022 without a transitional provision.

EPO NEWS: FEE INCREASE

Two years after the last fee increase in April 2020, the European Patent Office (EPO) has announced that it will increase office fees by an average of 2.5% from April 1, 2022.

The fees with the largest increase (~3%) include filing and renewal fees, while additional page fees, international search fees, and further processing of delayed payments will remain at current levels.
Most official fees paid on or after April 1, 2022 will be calculated at the new rate. Applicants can therefore save money by paying fees early, before the fee increase deadline of April 1, 2022, even if the official fee payment due date is later in the year. Some fee payments (e.g., examination fees and annual fees) may be made several months before the official due date. Therefore, it may be worthwhile for applicants to review their patent portfolios now to determine which fee payments are due in the next few months.

In particular, early entry into the European regional phase (i.e., before April 1, 2022) offers the highest potential savings. This can save applicants up to €115 per application (approximately 3% of the official fees).
Therefore, it may be worthwhile for applicants to examine their pending PCT applications now to decide whether to enter the European regional phase early to benefit from the cost savings.

If you have any questions, feel free to contact us at info@kuhnen-wacker.com

FINALLY, THE WAY IS PAVED FOR THE UPC PREPARATIONS TO START

Effective January 18, 2022, Austria (as the thirteenth Member State) finally deposited with the Council of the EU its instrument of ratification of the Protocol on the Provisional Application (PPA) of the Unified Patent Court Agreement (UPCA).

Following the Austrian ratification, the General Secretariat of the Council of the European Union, in its role as Depository, today declared that the Protocol has entered into force, marking the start of the Provisional Application Period (PAP) and the birth of the Unified Patent Court as an international organization.

Taking into account that the Preparatory Committee has estimated that the preparations may take about 8 months and that the EPO will also make final preparations for the introduction of the unitary patent, odds are pretty good that the UP&UPC system will begin in the last quarter of 2022 or in early 2023.

Also refer to
Austria closes the loop – the Protocol on Provisional Application of the UPC Agreement has entered into force | Unified Patent Court (unified-patent-court.org) and Agreement - Consilium (europa.eu).