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Proposal for Patent Law Reform in Gemany

Leutheusser-Scharrenberger looking forward to a bright new
future for the German patent law
The German Federal Government Cabinet has agreed to a proposal of the Minister of Justice Sabine Leutheusser-Schnarrenberger to reform the German patent law.

Key points include:
  • The prolongation of the opposition period from 3 months to 9 months.
  • The search report will include a written opinion similar to the European Search Opinion.
  •   ...
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French survey invites responses

The attention of this blogger has been drawn to a survey which may be of both interest and future significance to readers of this weblog.

In short, a number of French bodies and associations whose logos appear on this website have come together to support the project of the European Union and its Member States to create a unitary patent and a specialized jurisdiction which can give judgment in litigation relating to this patent and the ...
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Planning patent litigation in Europe? This may be for you

Bad news for supporters of bifurcation? German
invalidity proceedings take a lot longer than
infringement proceedings

I've recently learned from my friend Derek Tong (Managing Editor, Bloomberg BNA) that his title World Intellectual Property Report has now published the first of a six-part series by Jonathan Radcliffe (a partner in Mayer Brown's London office) which seeks to explore the strategic and planning considerations for patent ...
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China Patent Forum: special offer

Readers of the IPKat weblog have been offered a substantial discount on the normal registration fee for a forthcoming Management Forum event, the China Patent Forum on Thursday 31 May.  There appears to be no reason why readers of PatLit who are not also readers of the IPKat should not be able to take advantage of the same offer. A substantial proportion of the programme is devoted to patent litigation and its alternatives.

Essentially, ...
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UK Scrutiny Committee: unified patent proposal excoriated; Minister "oddly detached"

"Europe’s Unified Patent Court will hinder SMEs, not help them, say MPs" is the title of a press release issued by the British Parliament's European Scrutiny Committee -- a cross-party body of elected Members of Parliament which examines European legislative proposals and advises Parliament as how to respond to them. It reads as follows:
The draft agreement on the Unified Patent Court (UPC) is likely to hinder, rather than help, the ...
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Economics of litigating IP (or is that just patents?)

Both proactive and defensive  options  
can be expensive 
and labour-intensive 
 for IP litigants ...
With apologies if you have already seen this on the IPKat weblog, here's a link to Nicola Searle's Katonomics post last night on the economics of intellectual property litigation. As is immediately apparent from Nicola's post, most of the data on which economists work is (i) drawn from patent litigation ...
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Paint-spray, proof and prior disclosure

Wagner International AG & Others v Earlex Ltd [2012] EWHC 984 (Pat) is a decision of Mr Justice Floyd on 18 April in the Patents Court, England and Wales. Though not a major ruling, enriched by profound pronouncements of legal principle, it is nonetheless instructive for the tidy and efficient manner in which the trial judge marshalled the evidence -- and as a reminder of how easily a claimant patent owner can sow at least some of the ...
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Book Review: China Court Cases on Intellectual Property Rights

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Australia fine-tunes non-infringement declarations

All the way from Australia comes some news from Baker & McKenzie of the Intellectual Property Laws Amendment (Raising the Bar) Act 2011, which covers a range of IP areas. This Act, which came into force on 16 April, makes provision for a number of legislative reforms that don't take effect until 15 April 2013. One such reform will interest PatLit readers since it deals with how declarations of non-infringement are pleaded. According to our ...
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It's Not Over When It's Over

Many jurisdictions know the legal remedy of re-establishment of rights or, as the humanists among us would call it, restitutio in integrum. A further common point is that the deadline for requesting the re-establishment of rights starts with the the removal of the cause of non‑compliance with the period, but ends at the latest within one year of expiry of the unobserved time limit.

The latter one-year term is usually considered an absolute ...