MPV expertise and counseling in patent matters

UNION Congress in Sicily

Marie-Paule VANDEBERG attended the Union congress 2017 in Sicily, from May 31 to June 3.  She had the opportunity to meet a lot of colleagues from different countries, mainly from Europe. Discussions were held on the forthcoming European Court of the Unified Patent (UPC) with a panel of European judges. The patentability criteria were compared between the US, China and Japan. The evolution of the EPO's case-law has been discussed, in particular in relation to a new criterion "lack of credibility", often put forward by the examiners.

 

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Boards of appeal and key decisions 2016

Marie-Paule Vandeberg attended in Novembre 2016 at the "Bords of Appeal and key decisions 2016" organized by the "European Patent Academy". A summary of the most important decisions has been presented concerning different substantive and procedural matters (Art 123(2), late filing, admissibility of appeal, clarity, claims interpretation, ..) A particular focus has been put on the Board of Appeal reform and on disclaimers. Do not hesitate to contact me for any particular analysis.

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Unitary Patent Package conference

Marie-Paule Vandeberg have attended the UPP conference (Unitary Patent Package is a term which gather Unitary Patent and Unified Patent Court) in Amsterdam on February 4 and 5 2016.  The advantages and disadvantages of the system were discussed. The amount of the annuity is now known. 17 states have already or will soon ratify the agreement. The unified system will then cover an area of 351 million inhabitants.

 

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The EPO Boards of Appeal (BoA) questioned

A structural reform of the Boards of Appeal is in progress. The aims of the reform are to increase the autonomy, to enhance the perception of independence of the BoA, and to increase their efficiency. No change to the current convention is however envisaged, this would require a diplomatic conference. A user consultation was opened until 30 June 2015. The EPO has published the results of the consultation. The document is available here.

Among various proposals, many participants called for the definition of strict deadlines. In general, the average duration of the current procedure was considered too long. According to the majority, optimal duration would be in the range of one to two years from the filing of an appeal.As regards the institutional set-up, broad support was expressed for a review of the appointment and re-appointment procedure, as well as the creation of a new advisory committee.The Office promised to take into account comments and proposals in the further work.

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Italy soon a member of the Unitary Patent Package ?

By the end of May, Italy had announced to be willing to become a “unitary patent member state”. In July, the Italian government officially requested accession to the enhanced cooperation regarding the unitary patent. This means that 25 member States could be part of the Unitary Patent system; Spain, Poland and Croatia being out.

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Unified patent court soon on track

On October 1, 2015, the Preparatory Committee announced it would complete its mission in June 2016 and that the Community Court should be effective end of 2016 or early 2017. The rules of procedure (18th draft) were adopted on 19 October 2015. They are almost final.

The parties may be represented before the new court system either by lawyers authorized to practice before a court of a Member State (Art 48(1) of the UPC Agreement) or by European Patent Attorneys who have appropriate qualifications such as a European certificate in the field of litigation patents (EPLC - European Patent Litigation Certificate) (Art 48(2) of the UPC Agreement).
The two qualifications being complementary, a representation by both a lawyer and a Patents Attorney will be recommended.
The terms of this EPLC were decided on 3 September.

Marie-Paule Vandeberg having obtained the diploma of "Patent Litigation in Europe" in 2009 is proud to announce that she have the appropriate qualification to represent their clients before the new European jurisdiction.

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Contact & offices

Location

MARIE-PAULE VANDEBERG
European & Belgian Patent Attorney
Specialized in industrial chemistry

MPV Patent
Mob. +32.477.19.71.78
1348 Louvain-La-Neuve
Belgium - BE 0884.705.128