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European (Unitary) Patents and changing borders

Secessionist pressure grows in Catalonia, after regional elections on 27 September 2015 (qualified as an informal referendum on independence) were won by supporters of an independent Catalonia. In Scotland supporters of independence have been far from silenced since they lost a referendum on the same issue last year.

Kluwer IP Law found the following article by Francisco Moreno, Head of the SME Legislation and Policy Area in the Spanish Ministry of Industry, Energy and Tourism, on his (Spanish language) personal blog interesting in this respect of changing borders.

By Francisco Moreno

What happens to patents when a state falls apart (Czechoslovakia, USSR, Yugoslavia), [...]

Where is the EPC provision which would allegedly allow the EPO to “grant” a patent with a different text for Contracting States that entered reservations in accordance with Art. 167(2)(a)?

Article 118 of the EPC (entitled “Unity of the European patent application or European patent”) states that:

“[...] the text of the application or patent shall be uniform for all designated Contracting States, unless this Convention provides otherwise.

Like other Articles such as Article 2.2, 14.3, 43.1, 130.1 or 148.1, Article 118 follows the logic consisting of setting out general principles which can only be abandoned (“carved out”) if another provision of the Convention provides “otherwise.” It is a technique widely used in all international treaties.

If the reader takes the time to carefully review the provisions of the EPC and its Implementing Regulations (“IR”), which according to A [...]

Challenges raised by multinational inventions to be discussed at the next AIPPI Annual Meeting in October: some proposals from Spain

One of the issues which will be discussed at the next annual meeting of AIPPI, due to take place in Rio de Janeiro in October 2015, is Q244, entitled “Inventorship of multinational inventions.”

In today’s world, it is becoming increasingly frequent for inventions to be the outcome of teamwork conducted by persons from different jurisdictions. This, coupled with the lack of a universally-accepted concept of “inventor” and the “local first-filing requirement” contained in the laws of many countries, raises formidable challenges for applicants. Sometimes they are confronted with legal requirements from several countries which cannot be simultaneously fulfilled, which places applicants in an imp [...]

New Spanish Patents Act coming into force on 1 April 2017

On 25 July 2015, the Spanish Official State Gazette published the text of Act 24/2015, of 24 July 2015, on Patents (“New Patents Act” or “the new Law”), which is due to come into force on 1 April 2017. Although a blog is too short a place to discuss a law that has 186 articles, 10 “additional provisions”, 6 “transitory provisions”, 1 “derogatory provision”, and 9 “final provisions”, what follows is a short account of the aspects that the author finds of particular interest:

The first aspect deals with the examination and granting procedure, which has been changed completely. The New Patents Act has abandoned the “à la carte” examination procedure, whereby applicants were free to choose whet [...]

Innovation at the Mobile World Congress sparks innovation at Barcelona Commercial Courts

Technological innovation has left deep footprints on the evolution of International Law. In the mid-1960s, in his course at The Hague Academy of International Law, professor Mouton explained that every time inventors conceived a revolutionary invention, politicians had to devise an international organization to take care of it. A classic example is the establishment of the Central Commission for Navigation on the Rhine – the first international organization in history – created in 1815, following Robert Fulton’s invention of the steamboat. Technological innovation has also left footprints on the way the courts devise procedures to improve the administration of justice. A recent example c [...]

Despite the defeat at the CJEU, Spain will not join the Unitary Patent system

banderaSpain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and Industries of Spain (CEOE). Spanish industry is much better off outside the system, according to the CEOE, which answered questions by Kluwer IP Law. ‘All Spanish companies will be able to use the system without suffering from the disadvantages.’

Over the last years, the Spanish government has always opposed the new Unified Patent Court and Unitary Patent system. Would [...]

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