Decision G3/19 relating to the non-patentability of plants and animals obtained by means of an essentially biological process.

Further to the T1063/18 case, which refers to patentability of plants and in particular to the conflict between Article 53(b) EPC and Rule 28(2) EPC (see our IPalert of February 2019 and May 2019),  and in order to clarify the scope of the decision, the President of the European Patent Office remitted the following question to the Enlarged Board of Appeals.

Oral proceedings before the examining divisions of the EPO are now to be held by default by vidéoconférence.

In the wake of the CoVid-19 outbreak, the EPO took a further measure to limit the impact of travel restrictions and lockdowns on the operation of the EPO and its users.

TRADEMARKS and the “PACTE” LAW FOCUS ON NEW NULLITY AND CANCELLATION ACTIONS

As previously announced, since April 1^st, 2020, the PACTE law implemented two administrative proceedings regarding French trademarks: a cancellation action and a nullity action.

Changes in the Italian Patent System

Direct national entry for the grant of an Italian patent or utility model will be possible for PCT applications filed on or after 1st July 2020. The Italian national phase must be requested within a 30 month-deadline from the international filing date or priority date. An examination will take place according to national proceedings.

EPO announces raise of fees FROM 1 APRIL, 2020

The EPO’s Rules relating to Fees have been amended by decision of the Administrative Council of 12 December 2019. The amended version of the Rules relating to Fees is applicable as from 1 April 2020.

New rules relating to the reimbursement of the appeal fee.

New rules relating to the reimbursement of the appeal fee. According to the decision of the Administrative Council of the EPO of 12 December 2019, Rule 103 EPC, which relates to the reimbursement of the appeal fee, was amended. 

Biotechnological inventions and the Nagoya Protocol: how to avoid pitfalls?

The entry into force of the Nagoya Protocol is one of the objectives set by the Strategic Plan for Biological Diversity adopted in 2010 by the Parties to the Convention on Biological Diversity. The objective of this Protocol is laudable but thinking to and meeting all requirements due, at every stage of the research and of the development of a product resulting therefrom, may turn out to be difficult, especially for patent applicants. Little reminder on these requirements...

Elimination of official fees for annuities in the territory of the United Arab Emirates

Since recently, the Ministry of the Economy of the United Arab Emirates has abolished the official fees for annuities. Patents must however be renewed before the patent office, and we should continue to send instructions to our local agent in due course to avoid surcharges or lapse. Besides, the office will no longer deliver any official receipt.

Ouverture de la voie de dépôt direct (Original grant patent - OGP - system) et introduction d’un examen approfondi devant l’office national des brevets

Ouverture de la voie de dépôt direct (Original grant patent - OGP - system) et introduction d’un examen approfondi devant l’office national des brevets

Implementation of the SPC waiver by the INPI

Since July 1, 2019, Regulation (EC) No. 469/2009 concerning the supplementary protection certificate (SPC) for medicinal products has been amended to allow manufacturers of generics and biosimilars established in the European Union (EU) manufacture in the EU products, or medicines containing these products, for export to third countries outside of the EU, or for storage in the 6 months preceding SPC expiry.

New-Edition-of-the-Guidelines-for-Examination-at-the-EPO

The European Patent Office have amended the Guidelines for Examination. The new Guidelines are valid as of November 2019. They include many minor editorial changes but also other changes, which may have an influence on the proceedings at the EPO. In the following, we have selected some of these changes.

PPH programme with Superintendence of Industry and Commerce of Columbia extended

PPH programme with Superintendence of Industry and Commerce of Columbia extended. The European Patent Office has extended the PPH programme with the Superintendence of Industry and Commerce of Columbia (SIC). The trial period for this programme, which was initially set up for three years from 1^st of October 2016, has been extended for a further three year period until 30 September 2022.