IP Law News

Right to a European patent

According to Art. 60 of the European Patent Convention (EPC) , the right to a European patent shall belong to the inventor or his successor in title. If the inventor is an employee, the right to a European patent shall be determined in accordance with the law of the State in which the employee is mainly employed; if the State in which the employee is mainly employed cannot be determined, the law to be applied shall be that of the State in which the employer has the place of business to which the employee is attached. 

 

Entitlement to file a European patent application

 

According to Art. 58 of the European Patent Convention (EPC) , a European patent application may be filed by any natural or legal person, or any body equivalent to a legal person by virtue of the law governing it. 

Multiple applicants

A European patent application may also be filed either by joint applicants or by two or more applicants designating different Contracting States.

 

Prepared by European Patent Registration and Consulting Services GmbH

European Patent - Industrial application

Industrial application

 

According  to Art. 57 of the European Patent Convention (EPC) an invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture. 

 

The industrial application of a sequence or a partial sequence of a gene must be disclosed in the patent application. 

 

 

Prepared by European Patent Registration and Consulting Services GmbH

European Patent - Inventive step

Inventive step

 

According to Art. 56 of the European Patent Convention,, an invention shall be considered as involving an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents within the meaning of Article 54, paragraph 3, of the European Patent Convention (EPC)  these documents shall not be considered in deciding whether there has been an inventive step.

 

European Patent Registration, Invention Novelty

European Patent Registration

Invention Novelty

 

According  to Art. 54 of the European Patent Convention,

 (1)

An invention shall be considered to be new if it does not form part of the state of the art. 

(2)

The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use, or in any other way, before the date of filing of the European patent application. 

(3)

European Patent Registration , Non-prejudicial disclosures

European Patent Registration
Non-prejudicial disclosures

 

According to the regulation in art. 55 of the European Patent Convention,

(1)

For a European patent application, a disclosure of the invention shall not be taken into consideration if it occurred no earlier than six months preceding the filing of the European patent application and if it was due to, or in consequence of:

 

(a)

an evident abuse in relation to the applicant or his legal predecessor, or 

 

(b)

Exceptions to patentibility according to European Patent Convention

According to the regulation in the European Patent Convention (EPC) European patents shall not be granted in respect of:

(a) inventions the publication or exploitation of which would be contrary to "ordre public" or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation in some or all of the Contracting States;

New Invention: Building Human Organs

This revolutionary invention is created in co-operation between the US Company Organovo and Australian Invetech.

Oganovo is a company based in San Diego, California.

Their latest science invention is a technology (novogen) which allows living tissue cells to be assembled into patterns and complex structures, such as organs.

Organovo has partnered with Invetech. a company based in Australia, to develop a bio-printer.

The device prints (places) human cells in a three-dimensional matrix to construct human tissue.

New Inventions: Three Dimensional Printing

Inventors Max Bogue and Peter Dilworth have invented a unique pen that draws in the air.

A colorful spool of plastic thread is fed into the pen.

The thread is then extruded as heated plastic that cools and solidifies instantly as it exits the tip.

This allows solid 3D structures to be drawn on any surface or from any surface into the air.

The pen, called a 3Doodler, weights approximately 7 ounces (198 g) and is 7 inches (17.7 cm) long. It requires no technical knowledge or software and plugs into an electrical outlet.

Re-establishment of rights in European patent registration procedure

The restitution in integrum or re-establishment of rights under the European patent Convention (EPC) is a means of redress available to an applicant or patent proprietor who has failed to meet a time limit in spite of exercising “all due care required by the circumstances”. The legal basis for this means of redress is provided in art. 122 of the EPC .

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