Spain has filed nullity actions against the „unitary patent” Regulations at the European Court of Justice. The Court heard these cases on 1st July, 2014.
The two Regulations are Regulation (EU) No 1257/2012 of 17 December 2012 and the language regime Regulation (EU) No 1260/2012 of 17 December 2012. Among others, the reason is the lack of a legal basis. The dispute about the legal basis of the “unitary patent” Regulation has a long story. It goes back to the conflict between the European Parliament and the Council about the former Articles 6 and 8. Those Articles were later „replaced by the new Article 5 intending to include the contents of the deleted Articles in the Regulation through a reference to external legal sources, especially the intergovernmental Agreement on the Unified Patent Court. The following article will briefly summarize the respective events and will show potential implications of the CJEU’s decisions.” Continue reading
The EU was always trying to harmonise the different fields of cooperation between the Member States. The goal is always the same: to make daily life easier and deepen the integration – in all senses. One of these areas is patent law. The European Patent or the Unitary Patent will soon enter into force, in 2015. It will make it possible to register a patent in all 25 countries simultaneously (the EU countries, except Italy and Spain). So it will become easier for inventors to validate a patent for the whole territory of the EU.
The Supreme Court of the United States judged on a signficant patent issue. The Court found in Alice Corp. Pty. Ltd. v. CLS Bank Int’l case that the method, system and computer readable medium claims of Alice’s four patents in question ineligible for patentability, because they sought to cover an abstract idea. The decision is based on the principle – and also clarifies – that you can’t get a patent on “abstract ideas”. This principle is also underpinned with precedents in the US case law.
Bilateral patent agreements would help faster patenting. Do they really help?
The abbreviation PPH comes from the initials of the phrase „Patent Prosecution Highway”. Besides the Unified European Patent one should learn this new concept. PPH patent convention means a cooperation between the regional or national patent offices, based on bilateral agreement. The process starts on request and makes a faster patent examination possible for the applicants. It is possible that individual offices take the results of the work done by the partners into consideration and accept it.