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Articles by Charles Tansey
Romania joins UPC / second generation Unitary Patents arrive in Europe
SF Spruson & Ferguson More Established in 1887, Spruson & Ferguson is a leading intellectual property (IP) service provider in the Asia-Pacific region, with offices in Australia, China, Indonesia, Malaysia, Philippines, Singapore, and Thailand. They offer high-quality services to clients and are part of the IPH Limited group, which includes various professional service firms operating under different brands in multiple jurisdictions.
Romania joins UPC | second generation Unitary Patents arrive in Europe
The arrival of the unitary patent and the Unified Patent Court (UPC) in June 2023 represented the biggest changes in European patent law in a generation. Now Romania has joined the party, becoming a UPC member state on 1 September 2024. What are the unitary patent and the Unified Patent Court? A unitary patent (UP) is a single patent which has effect in several countries which are members of the EPC (European Patent Convention) and the EU (European Union).
Change in EPO practice: Calculating patent deadlines
Introduction From 1 November 2023, the way of calculating deadlines set by letters from the EPO is changing.1 Letters dated 1 November 2023 and after are deemed to have been received on the date of the letter and relevant deadlines will be calculated on this basis. The practical effect of this change means that various response periods will be slightly shorter. It will, however, bring practice into line with a number of other IP offices including IP Australia.
Eugene Markush, with attributes
A little over one hundred years ago, on 9 January 1923, Eugene Markush filed a patent application for a pyrazolone dye, and used a particular combination of six words that revolutionised the writing of claims, and with it, the drawing of chemical formulae, forever. The words, "selected from the group consisting of", have persisted, and now reach into claims for all technologies, not just the field of chemical compounds. Markush claims, i.e. claims of this type, have been named in his honour.
Eugene Markush, with attributes selected from the group consisting of revolutionary, persistent and very fortunate
A little over one hundred years ago, on 9 January 1923, Eugene Markush filed a patent application for a pyrazolone dye, and used a particular combination of six words that revolutionised the writing of claims, and with it, the drawing of chemical formulae, forever. The words, “selected from the group consisting of”, have persisted, and now reach into claims for all technologies, not just the field of chemical compounds. Markush claims, i.e. claims of this type, have been named in his honour.
The Unitary Patent and the Unified Patent Court are here!
The arrival of the unitary patent and the Unified Patent Court (UPC) on 1 June 2023 represent the biggest changes in European patent law in a generation. Proprietors of European patents and pending European patent applications need to make important decisions about how to handle these changes in view of their effects on granted and pending patent rights.
The unitary patent and Unified Patent Court are here!
The arrival of the unitary patent and the Unified Patent Court (UPC) on 1 June 2023 represent the biggest changes in European patent law in a generation. Proprietors of European patents and pending European patent applications need to make important decisions about how to handle these changes in view of their effects on granted and pending patent rights.
What is the Unified Patent Court?
The Unified Patent Court (UPC) is a new international court[i] which will have jurisdiction over all unitary patents. The UPC will also have jurisdiction over nationally validated European patents in states under the jurisdiction of the UPC, provided that such patents have not been opted out in accordance with the transitional provisions. Over what countries will the Unified Patent Court (UPC) have jurisdiction?
The Unitary Patent and the Unified Patent Court: Impact on patent applicants
How will my European patent application be affected by these changes? For patents which grant on or after 1 June 2023, it will be possible to secure unitary patent protection in certain European Union (EU) countries (provided the filing date is on or after 1 March 2007 and provided the claim scope is the same in each state which would be covered by the unitary patent).
Opting out of the Unitary Patent Court
What is the Unified Patent Court (UPC)? The Unified Patent Court is a new international court for patent litigation. You can find out more about the UPC here. The UPC will have jurisdiction over several European Union (EU) countries, such as France and Germany, but not all European Patent Convention (EPC) member states. For example, the UK, Switzerland and Spain will not fall under the jurisdiction of the UPC. Find out more here. Can I opt out from the Unified Patent Court (UPC)?
What is the Unitary Patent?
Currently, when a European patent application is granted, it essentially becomes a “bundle” of individual national patents; one in each state in which the patentee chooses to have it validated. Each national patent derived from the European application gives its proprietor the same rights as would be conferred by a national patent filed directly at that Patent Office. Litigation takes place on a national basis.
Unitary Patent and Unified Patent Court delayed until 1 June 2023
The arrival of the unitary patent and the Unified Patent Court (UPC) represent the biggest changes in European patent law in a generation. Proprietors of European patents and pending European patent applications need to make important decisions about how to handle these changes in view of their effects on granted and pending patent rights. The sunrise period for opting out from the UPC had been expected to begin on 1 January 2023, with the legislation coming into effect on 1 April 2023.
Data requirements for a sufficiently enabled patent specification - How Much Experimental Detail is Enough?
One of the most precarious decisions to make during the patenting process is when to commence filing. There is an inherent tension between getting an early priority date which is potentially light on data, as opposed to accumulating plenty of supporting data but having a later than desirable priority date.
Claim construction: What is it essentially all about?
When considering the boundaries of the monopoly associated with a patent, it is necessary to interpret the claims of the patent accurately to properly stake out the metes and bounds of the monopoly claimed. In the recent decision in Pharmacia LLC v Juno Pharmaceuticals Pty Ltd [2022] FCA 92, Burley, J found it necessary to consider certain terms within the claims of the corresponding patent in order to gain a proper understanding of the scope of the claims, and thus, the invention claimed.
Tales from the crypt: Digging around in patent class A62B33
To print this article, all you need is to be registered or login on Mondaq.com. Patent classification titles are usually pretty boring, but occasionally one will jump out at you and fire up your imagination. A62B33 is one of those. Its full title is Devices for allowing seemingly-dead persons to escape or draw attention; Breathing apparatus for accidentally buried person. See what I mean? Right now your mind is conjuring up images such as: This one isn't even that old.
A bar to patent re-examination
To print this article, all you need is to be registered or login on Mondaq.com. In Australia, there are different options to challenge the validity of a patent application or granted patent. This can be of significant interest from a freedom to operate perspective when a business is planning to launch or commercialise a product or process, regardless of whether the product or process is covered by its own intellectual property.
The bar has been raised: Prevnar® vaccine case demonstrates the impact of Australian patent law reforms
To print this article, all you need is to be registered or login on Mondaq.com. Merck Sharp & Dohme Corporation v Wyeth LLC (No 3) [2020] FCA 1477 Summary Australia's Federal Court has delivered judgment in a dispute concerning patents covering improvements in vaccines against Streptococcus pneumoniae, a leading cause of serious infections, particularly in children.
Somewhere, something incredible is waiting to be known
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Tricks of the trade: Keep calm and classify
To print this article, all you need is to be registered or login on Mondaq.com. You're probably already lacing up your running shoes at the very thought of the mention of the International Patent Classification (IPC), but please stick around; I promise this will be almost painless. If you're like me, your introduction to the IPC was a seemingly random string of letters and numbers rolling off someone's tongue.
Tricks of the trade: Keep calm and classify | Lexology
You’re probably already lacing up your running shoes at the very thought of the mention of the International Patent Classification (IPC), but please stick around; I promise this will be almost painless. If you’re like me, your introduction to the IPC was a seemingly random string of letters and numbers rolling off someone’s tongue. It made no sense at the time, and yet, despite the years, when one might think they have it down pat, there are still times when it’s a head scratcher.
Can you just do a quick search on …?
To print this article, all you need is to be registered or login on Mondaq.com. I often hear that a patent search won't take long, or it will be a small search, or get asked to do a quick search, and in some cases that's probably right, but in other cases, by which I mean most, things are not always as small as they appear. I'm going to risk expulsion from some secret society by pulling back the curtain and revealing some of the black magic that occurs when someone asks for a patent search.
Rugby World Cup: Advances in rugby balls | Lexology
Global, USA
September 9 2019 It’s time to talk of mice and McCaw. While that Richie won’t be playing in 2019 edition of the Rugby World Cup soon to be held in Japan, it is time to wonder which ball the new Richie (Mo’unga) will be kicking off with in the final on November 2. This will be the seventh rugby world cup for which Gilbert have supplied the official match ball, and they continue to make changes to improve handling and aerodynamics.
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