The Board of Appeal of the European Patent Office has ruled on the prior art effect of electronic communication in a pair of test cases.
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The district court in summary proceedings rejected Taste of Nature’s bid to ban infringement of their European Raphanus patent.
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Recently, the Court of Appeal (Hof) at The Hague ruled on the validity of Lundbeck’s patent on the antidepressant Escitalopram (EP 0 347 666).
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This Spring, VEREENIGDE will open its brand new office at Science Park Arenberg at Leuven, amidst several renowned knowledge institutions and enterprises.
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As from 1 January 2012, Michiel van Rooij and Marco Molling, practising from respectively the Arnhem and The Hague offices, have joined the partnership of VEREENIGDE.
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In a recent decision of August 2011, T923/08, a Technical Board of Appeal (BoA) had to decide on a method for measuring parameters on a human or animal body, in particular measuring the length of a femur.
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Each year, the British magazine Managing Intellectual Property (MIP) conducts a survey of PCT filing firms.
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Recently, a new chapter was added to the ongoing attempts of the Dutch courts to provide cross-border injunctions in intellectual property cases
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VEREENIGDE held a seminar in Munich from 18 to 20 September 2011 focusing on European Patent strategies. The event was hosted by VEREENIGDE's Munich office in cooperation with VEREENIGDE's headquarters in The Hague.
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The Dutch government has committed itself to including a breeder’s exemption in the Dutch patent law. Political opposition and lobby groups are advocating for a full (UPOV 1978-style) breeder’s exemption.
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The proper IP strategy for a company can differ depending on several company-specific factors, such as the business field of the company, its market performance, competitive position, and - of course - the budget available.
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Once the U.S. provisions relating to the First-Inventor-to-File system come into effect on 16 March 2013, foreign priority applications will have the same benefits as U.S. provisional applications.
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As of 6 September 2011, the Munich office of VEREENIGDE has moved to another location in the city center of Munich.
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It is established practice in the Netherlands that the extent of damage that occurs as a consequence of a tort need not be proven up to the hilt.
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In two recent decisions of the Technical Boards of Appeal of the EPO, the recording of the transfer of a European patent played an important role in the admissibility of the appeal.
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In two recent decisions of the Technical Boards of Appeal of the EPO, the recording of the transfer of a European patent played an important role in the admissibility of the appeal.
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Since the start of the BEST programme (Bringing Examination and Search Together) oral proceedings in examination and opposition can be held both in The Hague and in Munich, whereas formerly these proceedings could only be performed in Munich.
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What is an embryo? Advocate General M. Yves Bot has provided his opinion on this in case C-34/10 (Brüstle v Greenpeace).
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At the request of LG Electronics, a court in the Netherlands has granted an order to seize all Sony Playstations 3 (PS3) in the Netherlands, because they contain a Blu-Ray player covered by LG patents.
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In T1544/07 one of the opponents filed an appeal against the decision of the Opposition Division to maintain the opposed patent in amended form.
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Since the early ‘90s many discussions have focused on the possibility of a national judge issuing injunctions for infringement in another country, the so-called cross-border injunctions.
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In its decision of November 2, 2010, the Court of The Hague overturned a decision of first instance.
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Patent litigation is often conducted in multiple jurisdictions and in multiple countries. As the outcome of the first lawsuit may have a substantial or even decisive impact on subsequent litigation elsewhere, an early win can be crucial.
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Admittedly, the precise legal situation when it comes to the protection of intellectual property in the Caribbean territories of the Kingdom of the Netherlands is probably in the blind spot of most Dutch patent and trademark attorneys.
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It is established practice that for judging the inventive step of the invention claimed, the problem-solution approach as developed within the European patent office is used.
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The patent system has been developed to reward inventors for their invention, and publication thereof, with a temporary monopoly on the commercialization of their invention.
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Over the last couple of years, plant breeders have become increasingly aware of patent rights on plants.
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On Thursday 7 October 2010, the annual Food Valley Conference will be organized in Cinemec, Ede, the Netherlands.
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On 1 December 2008, Australia signed a wine trade agreement with the European Union to comply with the geographical indicator (GI) system of the EU. This agreement entered into force on 1 September 2010.
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In 2004, the trademark opposition procedure was introduced in Benelux. Now, six years and over 470 (appeal) decisions later, it might be useful to consider some dos and don’ts.
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In its decision G1/07 (Medi-Physics), the Enlarged Board of Appeal of the European Patent Office (EPO) has ruled that current patent office practice on exclusion of methods of medical treatment from patentability has been too restrictive.
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In the case C-428/08, the Advocate-General of the European Court of Justice recently issued his conclusion.
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In its opinion G3/08, the Enlarged Board of Appeal of the European Patent Office (EPO) declined to answer questions referred to it by the President of the EPO about the patentability of computer-implemented inventions (CII).
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Recently, the Enlarged Board of Appeal, in case G 2/08,issued a decision on the patentability of a method for therapy in which the new and inventive feature was a new dose regimen for an already known drug and medical indication.
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In an opposition procedure before the Benelux Office for Intellectual Property (BOIP) in January 2010, it was held that the use of a Community trademark (CTM) in the Netherlands only is not sufficient to conclude that the CTM has been genuinely used.
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The EPO is engaged in a joint study with the United Nations Environment Programme and the International Centre for Trade and Sustainable Development on the relationship between patents and the development and transfer of clean energy technologies.
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The EPO Enlarged Board of Appeal has decided that it is not possible to file a translation of the application into one of the two other official languages when entering the European regional phase.
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On 24 June, VEREENIGDE will be presented a prestigious award in London: The Netherlands Prosecution IP Firm of the Year Award 2010.
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Further to our news item of 16 December 2009, the United States Patent and Trademark Office has lifted certain restrictions on the subject matter required for expedited examination of green technology patent applications.
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Part C of the EPO's Guidelines for Examination published on April 1 now states that, as a matter of principle, disclosures on the Internet form part of the state of the art for evaluating novelty and inventive step.
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Accelerated examination is now available for at least 3,000 U.S. patent applications claiming 'green technology' under a pilot program announced on 7 December 2009.
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On 1 April 2010, new EPO rules for divisional applications will enter into force. The new rules introduce a new time limit for filing divisional applications.
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In addition to the rule changes concerning divisional applications, which changes are explained in the news item 'New EPO rules for divisional applications', further miscellaneous rules changes also will come into effect on 1 April 2010.
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The EPO will not grant patents for human embryo stem cells that require the destruction of the embryo.
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In filing trademark applications in general, the scope of protection ultimately obtained is generally determined by the designated goods and services.
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In 2010 it will be 100 years ago that the Netherlands revived its patent system in a modern form.
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'Alternative energy', 'clean tech', 'green', and sustainable' are not only buzzwords – these terms now refer to activities that, if they are not already big business, they soon will be.
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Recent statistics from the European Patent Office (EPO) reveal a decrease in filings in the first six months of 2009 as compared to the same period in 2008.
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In their October 2009 issue, Managing Intellectual Property (MIP) ranks patent firms by the number of international patent (PCT) applications filed.
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As of 1 January 2010, the Dutch corporate tax rate on gains realized from the exploitation of know-how developed in-house will be reduced to just 5%.
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From Thursday 17 up to and including Friday 25 October 2009, the annual Dutch Design Week takes place in Eindhoven.
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Ruling by the European Court of Justice (ECJ) on prejudicial questions.
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Decision by the Court in The Hague in an application for temporary injunction.
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The European Patent Office (EPO) has announced new rules for divisional applications entering into force on April 1, 2010 that set a time limit for the filing of divisional applications.
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In a recently published appeal case before the Amsterdam Court of Appeal (1), the court considered the implications of an exclusive distribution agreement on know-how protection.
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The European Trademarks Office (OHIM) has finally issued its long expected decision regarding the cut in fees. As of 1 May 1 2009, the costs of a Community trademark will be cut by 40%.
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On Tuesday 31 March 2009, an international UN conference on Afghanistan wll be held in the World Forum Convention Center in The Hague.
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As of 1 March 2009, Michiel J.A. Haegens will be Head of the trademark section of VEREENIGDE.
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On 23 January, the United States Patent and Trademark Office (USPTO) announced that it is accepting applications for speakers and exhibitors to make presentations at Innovation Week (22 to 27 June 2009) to be held at USPTO headquarters.
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As per 23 January 2009, VEREENIGDE Eindhoven has moved within the High Tech Campus Eindhoven.
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All designs first published within the European Union can, in principle, enjoy a 3 year term of protection as an Unregistered Community Design (UCD).
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In view of the coming public holidays, all offices of VEREENIGDE shall be closed on several days.
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USPTO announcement of 10 December 2008.
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The district court of The Hague has decided that the new European Patent convention (EPC 2000) means that patentees have the right to limit claims with fewer obstacles than have been imposed by Dutch courts in the past.
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Until recently, someone seeking a U.S. patent could not speed up the patenting process by a simple request. One had to show that there were special circumstances.
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Recently, BMM (Benelux Association for Trademark and Design Right) has introduced the BMM certification mark.
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To further promote its interests and activities in China, VEREENIGDE has set up a China Desk.
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As per 1 July 2008, Mark P.W. Einerhand will be appointed partner of VEREENIGDE.
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Today, the value of a company is increasingly determined by the value of its patent portfolio. Patent investment strategies have developed into integral parts of corporate strategies, with special emphasis on financial planning and cost control.
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On 3 July 2007, the Dutch parliament (House of Representatives) approved changes to the Netherlands Patent Act (“Rijksoctrooiwet 1995”). It has now been officially communicated that new patent act will enter into force on 5 June 2008.
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The London Agreement is due to come into force on 1 May 2008, since France deposited the instrument of ratification on 29 January.
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The changes in the European Patent Convention, generally known under the name EPC2000, will enter into force on 13 December 2007.
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As mentioned in our newsletter of June 2006, the EPC2000 will enter into force on 13 December 2007.
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France has recently ratified the London Protocol. As a result, the protocol will finally come into force soon, probably in the spring of 2008.
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An interesting proposal for low-cost validity analysis during the priority year
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In 2004, a trademark opposition procedure was introduced in Benelux. Now, 3.5 years later, a large number of opposition proceedings are pending and a number of opposition decisions have been issued.
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The Groningen office of VEREENIGDE is relocating as of 7 December 2007 to a location slightly further up the road.
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Johan Renes, partner with VEREENIGDE, publishes an article on why knowledge-based societies and economies need to share IP information, and how they can do it.
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Chintellectual Property Foundation has recently launched its completely renewed website.
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On 3 July 2007 the Dutch parliament (House of Representatives) approved of changes to the Netherlands patent act (“Rijksoctrooiwet 1995”). It is expected that the new patent act will enter into force by the beginning of 2008.
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