International Patent Group, LLC

New Unitary Patents system available for European patent proprietors are due to come into force later this year in relation to the current European patent system.

In short, there are two new features being introduced:

• A new option relating to the European patent system. This new option will allow a unitary effect (a “Unitary Patent” – UP) that at present will cover 17 member states of the European Patent system.

The Unitary Patent (UP) will make it possible to get patent protection in up to 25 EU Member States by submitting a single request. It is important to note that nothing will change in the pre-grant (examination) phase of the application.

The introduction of the UP will remove the need for the individual validation of granted European patents into the contracting states of the UP and, if a UP is selected on grant of a European Patent, will mean only a single renewal fee will be payable annually to keep the patent in force for the contracting states of the UP.

• A new Unified Patent Court (UPC) to oversee litigation, revocation and invalidity actions of Unitary Patents and certain existing and future “classical” European patents, as well as Supplementary Protection Certificates.

www.epo.org

European Patent Office Provides Additional Remedies Regarding Disruptions Due To COVID-19

Pursuant to Rule 134(5) EPC, any document received late will be deemed to have been received in due time if the person concerned offers evidence that on any of the ten days preceding the day of expiry of a period, it was not possible to observe the time limit due to this exceptional occurrence and that the mailing or the transmission was effected at the latest on the fifth day after the end of the disruption.

EPO - Notice from the European Patent Office dated 10 November 2020 concerning the disruptions due to the COVID-19 outbreak 1. The European Patent Office is closely monitoring developments in the COVID-19 outbreak. Accordingly, it has published notices dated 1 May[ 1 ] and 27 May 2020[ 2 ] concerning the disruptions due to the COVID-19 outbreak and drawing attention to the legal remedies provided for under the Euro...

German Federal Parliament (Bundestag) approves ratification bill on the Unified Patent Court Agreement

On November 26, 2020, the German Bundestag adopted the draft ratification bill including the consent to the Agreement on a Unified Patent Court (UPCA).

This ratification is a step closer to the implementation of the Unitary Patent package. Upon approval, European inventors will be able to benefit from the Unitary Patent, giving them uniform patent protection, and a unified system for litigation in all participating EU Member States.

EPO - German Bundestag approves ratification bill on the Unified Patent Court Agreement Today, the German Parliament adopted with the necessary two-thirds majority the ratification bill on the Unified Patent Court Agreement (UPCA).

USPTO announces COVID-19 deferred-fee provisional patent application pilot program

The United States Patent and Trademark Office (USPTO) today announced a collaborative deferred-fee provisional patent application pilot program for inventions that combat COVID-19.

USPTO announces COVID-19 deferred-fee provisional patent application pilot program Pilot program to promote collaborative information sharing for inventions that combat COVID-19.

With the high interest level in the Track One Prioritized Examination program, the USPTO has increased the annual limit from 10,000 to 12,000, effective September 3, 2019.

Secret Sales are Still Prior Art per (SCOTUS) - The U.S. Supreme Court upheld the Federal Circuit’s interpretation of the “on sale bar” affirming that “Congress did not alter the meaning of ‘on sale’ when it enacted the AIA.” The particular focus here was whether “secret” sales continue to qualify as prior art under the revised Section 102. Here, the court says yes — “an inventor’s sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art under §102(a).” See Helsinn Healthcare v. Teva Pharma USA.

www.supremecourt.gov

Samsung Owes Apple $539M For Infringing IP - On May 24, 2018, in a landmark patent case, a Jury unanimous held that Samsung owes Apple Inc. $538.6 million for infringing design and utility patents covering smartphone technology.

USPTO patent practitioners and foreign jurisdiction patent practitioners shall receive the same treatment as attorneys on all issues affecting privilege or waiver, such as communications with employees or assistants of the practitioner and communications between multiple practitioners.

www.gpo.gov

DANGER of not disclosing all known prior art during prosecution. A U.S. patent was found unenforceable because prior art references that were material to patentability, and which were known to the attorneys involved with the prosecution of that patent application, were not presented to the USPTO despite the duty those attorneys had in disclosing the information pursuant. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1346.Opinion.7-24-2017.1.PDF

www.cafc.uscourts.gov

The USPTO recently released a report on views and recommendations from the public regarding patent eligible subject matter https://www.uspto.gov/sites/default/files/documents/101-Report_FINAL.pdf. It is the USPTO's intention to provide a review of patent eligibility law and a record of public views on the impact of the recent Supreme Court patent eligibility jurisprudence and public recommendations for a path forward.

www.uspto.gov

Many major intellectual property groups urged the full Federal Circuit on Wednesday to review a decision that sales in which an invention isn’t publicly disclosed invalidate patents under the America Invents Act's on-sale bar rule, with one saying the ruling threatens to “destabilize the entire U.S. patent system.”

One such group was the Intellectual Property Owners Association (http://www.ipo.org/wp-content/uploads/2017/07/IPO-Amicus-Brief_Helsinn-v-Teva_FILED.pdf), along with the American Intellectual Property Law Association and Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization. They all filed amicus briefs supporting Helsinn Healthcare SA’s request for en banc review.