Intellectual Property updates

Canada

Contributed by Smart & Biggar
Foreign prosecution history evidence permitted under Section 53.1 of Patent Act
  • Canada
  • 21 October 2019

The Federal Court recently released the first decision in which the scope of Section 53.1 of the Patent Act – the so-called 'file wrapper estoppel' provision – was considered. The court's decision suggests that, notwithstanding the clear language of the provision, foreign prosecution histories may be admissible for the purposes of claim construction in certain extraordinary circumstances.

Get ready now: new Patent Rules in force 30 October 2019
  • Canada
  • 21 October 2019

Two requirements under the new Patent Rules warrant particular attention for new Canadian patent applications and national phase entries: the Patent Cooperation Treaty national phase entry deadline and the requirement for certified copies of priority documents. Applicants should plan now to ensure that applications under the new rules enter the Canadian national phase within 30 months of the earliest priority date.


International

Plausibility: new patentability requirement?
Becerril Coca & Becerril SC
  • International
  • 21 October 2019

The concept of plausibility has emerged in numerous prosecution cases in recent years, with global trends suggesting a shift towards treating it as an additional, standalone patentability requirement. However, some commentators have argued that plausibility should not be considered an independent patentability condition due to, among other things, the different criteria for evaluating plausibility.


Netherlands

Contributed by AKD The Netherlands
Court rules on inventor's failure to transfer patent
  • Netherlands
  • 21 October 2019

The Hague District Court recently rendered a judgment regarding an inventor's failure to cooperate with the exploitation of his patents. The claimant had alleged that the defendant's refusal to cooperate with the transfer of the patent to a foundation (which would have subsequently granted the claimant a licence) had prevented it from exploiting the patent, including sub-licensing it to third parties.


Poland

Contributed by Sołtysiński Kawecki & Szlęzak
Supreme Court judgment on copyright of deceased artist
  • Poland
  • 21 October 2019

The Supreme Court recently issued a notable judgment concerning the work of a deceased artist and the alleged infringement of his moral copyright. The decision underlines that it is difficult to limit the activities of people who have been gifted the work of an artist even after the artist's death, especially in the case of a close personal relationship between the artist and the beneficiaries.


Current search

Refine search

Jurisdiction

Firm