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50 publications

The European Patent Office Clarifies the Standard for Partial Priority

by Jérôme COLLIN, Partner
Collin_search.jpg In case G1/15 the Enlarged Board of Appeals of the European Patent Office has just released the order of its decision as follows: “Under the EPC, entitlement to partial priority may not be refused for a claim encompassing alternative subject-matter by virtue of one or more generic expressions or otherwise (generic “OR”-claim) provided that said alternative subject-matter has been disclosed for the first time, directly, or at least implicitly, unambiguously and in an enabling manner in the priority document. No other substantive conditions or limitations apply in this respect.”
Published on: 1st Dec 2016

Pitfalls that US origin cases experience in the EPO

By Sylvain THIVILLIER, head of Munich Office and Christine McCARTHY, Partner, BARNES & THORNBURG LLP
v5570- Sylvain THIVILLIER.jpg Dual protection of patentable innovations in the US and Europe has long strengthened the relationship between those economic markets and affected competition therein. However, patent applicants beginning their pursuit of protection with US origin applications at the United States Patent and Trademark Office (USPTO) often face significant but often avoidable challenges in protecting their innovations in the European Patent Office (EPO).
Published on: 18th Oct 2016

Modification of the Terms for Refunding the Examination Fee of a European Patent Application

by Julie TOUEG, IP Attorney
TOUEG.jpg A decision of the Administrative Council of the European Patent Organisation relating to the refund of the examination fee, of 29 June 2016, amends Article 11 of the Rules Relating to Fees (RRF).
Published on: 26th Aug 2016

First Remarks as to the Implications on Intellectual Property Following the BREXIT vote of 24 June

This morning, Friday 24 June 2016, the British referendum result in favour of BREXIT was announced, meaning the United Kingdom has voted to leave of the European Union. What will be the initial consequences in the intellectual property field?
Published on: 24th Jun 2016

Unified Patent Court: No Opt-Out Fee!

by Sylvain THIVILLIER, Head of the Munich Office
v5570- Sylvain THIVILLIER.jpg On 24 and 25 February 2016, the Preparatory Committee for the UPC met and agreed on a text stating the “Rules on Court fees and recoverable costs” linked to the UPC, in which it should be noted that the official fee for opting out of the exclusive jurisdiction of the UPC has been removed.
Published on: 2nd March 2016

Is 2016 the final stretch before the entry in force of the Unitary Patent and the Unified Patent Court?

By Christian TEXIER, Partner, and Sylvain THIVILLIER, Head of the Munich Office
TEXIER THIVILLIER.JPG The reference texts defining the Unitary Patent and the Unified Patent Court allow us already to identify certain general principles for these systems. During the last 2 years, the Preparatory Committee of the UPC has done tremendous work to draft the rules of implementation for these new systems, rules which should be adopted in the following (next few?) months.
Published on: 9th Feb 2016

Advertising and Alcohol: The Supreme Court Acknowledges that the Impression of Pleasure is Allowed!

by Martine BLOCH-WEILL, Partner
v3588-Martine BLOCH WEILL.jpg We informed you last year of the judgment of the Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA/CIVB) which claimed that appearing “grumpy” was not imposed by the EVIN Law (see article). Hearing this case again the Supreme Court made a new judgement on 1st July 2015, at the end of which it reviews the strict position issued in its first judgement of 23rd February 2012.
Published on: 11th Dec 2015

After Morocco, it is now Possible to Validate a European Patent in Moldova!

by Sylvain THIVILLIER, European and French Patent Attorney
v5570- Sylvain THIVILLIER.jpg The opening of the European Patent to non-member states - which officially started on 1 March 2015 with the entry into force of the validation agreement concluded between the European Patent Office (EPO) and Morocco – is continuing. A new validation agreement, this time with the Republic of Moldova (MD) entered into force on 1 November 2015.
Published on: 13th Nov 2015

Advertising and Alcohol: Trial Judges Declare There is No Need to Get Cranky!

by Martine BLOCH-WEILL, Partner
v3588-Martine BLOCH WEILL.jpg The Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA/CIVB) upon referral after appeal (Cass, 1st civ, 23 February 2012) rejected the strict interpretation made by the Supreme Court as to the provisions in the Evin Law relating to advertising requirements for alcoholic beverages.
Published on: 30th Jul 2015

Human Embryonic Stem Cell Patentability in Europe and the United States

By Gabrielle FAURE-ANDRE, French and European Patent Attorney
v2387-Gabrielle FAURE-ANDRE.jpg Today, the position of the European Patent Office (EPO) as to the patentability of human embryonic stem cells (hESCs) is clear. A European patent can only protect an invention involving such cells if, at the "relevant date", the cells could be obtained by means other than the destruction of a human embryo.
Published on: 25th Jun 2015

How to Validate a European Patent in Morocco?

by Sylvain THIVILLIER, European and French Patent Attorney
v5570- Sylvain THIVILLIER.jpg As indicated in our 10 March 2015 brief, the President of the European Patent Office (EPO) and the Moroccan Minister of Industry signed in December 2010 an agreement relating to the validation of European patents. This agreement entered into force on 1 March 2015.
Published on: 21th April 2015

Amendments Before the European Patent Office

by Sylvain THIVILLIER, European and French Patent Attorney
v5570- Sylvain THIVILLIER.jpg The possibility of amending a patent application has been enshrined in the European Patent Convention (EPC) as a right given to any applicant. The EPC however also provides safeguards to preserve the rights of third parties. This paper aims at explaining how the safeguard provided by Article 123(2) EPC is applied at the European Patent Office (EPO).
Published on: 19th March 2015

Validation of European Patents in Morocco

By Christian TEXIER, Partner
C.Texier 65x65.jpg For European and International (PCT) patent applications filed on or after 1 March 2015 the option to validate in Morocco will be available, thus obtaining protection in that territory.
Published on: 12th March 2015

The Unpatentability of a Dosage Claim is no Longer a French Exception

By Anne BOGARD BOUTARIC, Partner
v2191-Anne BOUTARIC.jpg There is no doubt that substances or compounds used in medical treatments are explicitly recognised as meeting the criterion for patentability.
Published on: 25th Feb 2015

New tools to get your patents issued faster

By Cécile PUECH, European and French Patent Attorney
C.PUECH.jpg Recently, we have seen a growing number of tools that allow French and other European applicants to speed up the issuing procedure for some of their patents in various countries; this is particularly due to the development of PPH (Patent Prosecution Highway) programmes, which the European Patent Office (EPO) is involved in.
Published on: 9th Feb 2015

The US patent system (still) requires more than the laws of Nature…

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg US patent law is probably one of the most lenient in the world: it provides for no exclusion in principle and requires solely that an invention must be, as a first condition, useful (within the meaning of 35 USC 101) before it is examined from the viewpoint of "conventional" patentability criteria such as novelty and inventive step.
Published on: 28th Jul 2014

Are Your Industrial Property Rights Protected in French Polynesia?

By Christian TEXIER, Partner and Nicolas DEMILLY, French and European Trademark and Design Attorney
TEXIER DEMILLY.JPG The organic law no. 2004-192 of 27 February 2004 laying down the autonomous status of French Polynesia transferred the authority in all Industrial Property matters to this territory.
Published on: 7th Jul 2014

Diagnostic Method : Confirmation in the United States of the difficulty in obtaining protection

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg On 30 October 2013, the District Court for the Northern District of California (DCNDC) invalidated a patent relating to a diagnostic method, thus confirming the difficulty in protecting this type of invention in the United States.
Published on: 13th Dec 2013

The product covered by an SPC - a definition on a case-by-case basis?

By Anne BOUTARIC, Senior Associate
v2191-Anne BOUTARIC.jpg By only reading Council Regulation (EC) No. 1768/92, the definition of a product eligible to be covered by an SPC may seem clear. However, the scope of this definition is still being debated, and the MEDEVA decision requires more preliminary ruling.
Published on: 3rd Dec 2013

SPC

Filing of Divisional Applications : Amendement of the implementing regulations to the Europaen Patent Convention

By Frédérique DURIEUX, French and European Patent Attorney
v4255-Frédérique DURIEUX-RIVAS.jpg The Administrative Council of the European Patent Office has just adopted an amendment of the requirements for the filing of divisional applications.
Published on: 5th Nov 2013

Prescription of an action in patent invalidation

By Francis AHNER, Partner
F.Ahner 65x65.jpg Up to the entry into force of new Article 2224 of the French “Code Civil”, it was generally accepted that an action for invalidation of a patent was subject to the thirty year liability period of common law.
Published on: 16th Oct 2013

MYRIAD: Over 30 years of practice is being revisited by the United States Supreme Court:Isolated DNA is now longer patentable! Hard times for United States protected biotechnology inventions

Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg The Biotechnology industry has been decidedly mistreated by recent decisions in the US which are disrupting over 30 years of practice concerning the protection of inventions relating to or involving genes. This is creating a great uncertainty about the value of corresponding US patents.
Published on: 1st Jul 2013

Patentability of Human Embryonic Stem Cell Lines

By Gabrielle FAURE-ANDRE, French Patent Attorney
v2387-Gabrielle FAURE-ANDRE.jpg While the Brüstle vs. Greenpeace decision does not aim to influence the European Patent Office (EPO), we nevertheless anticipated that it may well result in the hardening of the EPO’s position concerning the patentability of human embryonic stem cell lines...
Published on: 14th Jun 2013

Third Party Observations: a weapon to integrate in your IP strategy ?

By Stéphanie CELAIRE, Senior Associate
v2417-Stéphanie CELAIRE.jpg As rare as it is old, having been established in the French IP Code in 1968, the third-party observation system is currently experiencing a revival, thanks, in part, to a push by various IP offices to try and regenerate interest in the system.
Published on: 15th May 2013

Unitary Patent and Unified Patent Court : Europe adopts two new tools for innovation

By Christian TEXIER, Partner
C.Texier 65x65.jpg The Council of the European Union adopted Monday December 17 2012, two regulations relating to the creation of unitary patent protection and its translation arrangements.
Published on: 18th Dec 2012

Myriad : Second confirmation of patentability of isolated DNA. Will this be the final chapter?

By Frédérique FAIVRE PETIT, Partner
vignette F.FAIVRE-PETIT (3).jpg For the third time, an American Court has decided on patentability of «genes», confirming the previous decision, which reversed the first one…. But let us start from the beginning.
Published on: 19th Sept 2012

Are patents and diagnostic methods compatible? Europe - United States - Canada - Brazil - India - China - Japan - Korea - Australia

By FAIVRE PETIT Frédérique, Partner
vignette F.FAIVRE-PETIT (3).jpg Whereas one might think ideally medicine should one day be able to diagnose everything, this has not been achieved yet, although... The pharmaceutical and diagnosis industries...
Published on: 2nd Jul 2012

Request for Limitation of a Patent: the Court of Cassation pronounces an eagerly-awaited decision

By Franck TETAZ, Partner
F.Tetaz 65x65.jpg the Court dismissed the appeal lodged by TEISSEIRE against the judgment of the Paris Court of Appeal rejecting its request for annulment of the decision of the Director of INPI allowing ROUTIN a limitation of its patent relating to «sugar-free syrup».
Published on: 7th Jun 2012

MAYO V. PROMETHEUS

By Franck TETAZ, Partner
F.Tetaz 65x65.jpg How the Supreme Court of the United States of America has made a distinction between a patentable invention and a scientific discovery, thus creating new difficulties in protecting inventions in the area of diagnostic research in this country.
Published on: 16th May 2012

Patentability of embryonic stem cells - after the European Patent Office, the European Court of Justice gives its opinion

By Gabrielle FAURE-ANDRE, IP engineer
v2387-Gabrielle FAURE-ANDRE.jpg Pursuant to Article 6(2)(c) of Directive 98/44/EC of the European Patent Convention (EPC), the use of «human embryos» for industrial or commercial purposes is not patentable.
Published on: 14th Feb 2012

Does a priority right exist without experimental results?

By Nicolas BOUQUIN, European Patent Attorney
BOUQUIN.jpg In the field of biotechnologies, inventions are routinely disclosed in patent applications before any result has been obtained.
Published on: 6th Feb 2012

The French Supreme Court and the Secrets of the London Agreement

By Jean-Robert CALLON DE LAMARCK, Partner
J.R.Callon 65x65.jpg Commentary on the Judgement of the French Court of Cassation dated 2 November 2011
Published on: 2nd Nov 2011

The United States are changing their patent rules

By Marie AUDREN and Barbara CASADEWALL, European and French Patent Attorneys
After a decade of discussions for reforming patent legislation, the United-States finally passed the Leahy-Smith America Invents Act. The bill was signed by President Obama on September 16, 2011.
Published on: 1st Sept 2011

G2/07 - How EPO's Enlarged Board of Appeal interpretes the expression "essentially biological process" under A.53(B) EPC

By Franck TETAZ, Partner, and Lucile VERNOUX, European Patent Attorney, Cabinet REGIMBEAU
The question of the patentability of plants was a struggle of the last century.
Published on: 14th Jun 2011

The European Patent is doing well… and the draft of the “Unitary” Patent is going forward…

By Frédérique FAIVRE PETIT, Partner, European and French Patent Attorney - Cabinet REGIMBEAU
vignette F.FAIVRE-PETIT (3).jpg In 2010, the number of European patent applications reached the highest level in the Office’s 34 year history, with some 235 000 filings representing an 11% increase on patent applications filed in 2009.
Published on: 27th April 2011

Procedure to limit the scope of a patent before the INPI

By Francis AHNER, Partner, French & European Patent Attorney, Cabinet REGIMBEAU
F.Ahner 65x65.jpg The latest version of the European Patent Convention (EPC) has provided patent owners with the opportunity to narrow the protection conferred by their claims after grant of the patent.
Published on: 15th April 2011

Notice on Decision G2/08

By Barbara Casadewall and Isabelle Mendelsohn, European and French Patent Attorneys - Cabinet REGIMBEAU
v B.CASADEWALL.jpg Decision G 2/08 issued by the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) on 19 February 2010 was particularly awaited within the pharmaceutical field.
Published on: 3rd Jan 2011

Protection of shapes: Patents? Designs and copyright? Trademarks?

By Aymeric Vienne, European and French Patent Attorney and Evelyne Roux, Partner - Cabinet REGIMBAU
ROUX_SEARCH_2013.jpg While it is true that the law of designs naturally springs to mind where protection of the shape of a product is concerned, is it possible to protect the shape of your products using patent or trademark law?
Published on: 19th May 2010

G1/07 : Answers, and answers between the lines

By Stéphanie Célaire - European and French Patent Attorney - Cabinet REGIMBEAU
v2417-Stéphanie CELAIRE.jpg Decision G001/07 was eagerly awaited in the field of medical imaging methods for diagnostic purposes.
Published on: 8th April 2010

Jointly-owned patents – Part 1: the rules of the Intellectual Property Code

By Isabelle Pinaud, European and French Trademark Attorney - Cabinet REGIMBEAU
I.PINAUD.jpg A growing number of patents are now filed as joint property. These jointly-owned patents often result from research programmes carried out jointly by partners from very different backgrounds
Published on: 23th March 2010

Patent : Choosing the Country of first filing – Obligations of a French Resident Applicant

By Franck TETAZ, Partner, Cabinet REGIMBEAU
F.Tetaz 65x65.jpg The choice of the « country » for filing depends both on geographical and national limitations and on strategic and financial approaches.
Published on: 1st March 2010

Enantiomers – Revocation of a patent on enantiomer (-) for lack of enablement

By Francis Ahner, Partner and Anne Boutaric, European and French Patent Attorney
Recently, the validity of a patent claiming an enantiomer of a known racemic compound was discussed for the first time before the Paris Court (Tribunal de Grande Instance – 1st instance; decision issued on October 6th, 2009).
Published on: 22th Oct 2009

Laws on Bioethics in France

By Frédérique Faivre Petit, French and European Patent Attorney, Partner - Cabinet REGIMBEAU
vignette F.FAIVRE-PETIT (3).jpg Laws on Bioethics were first laid down in France in 1994. The principle then set out by the law-maker was that they should be reviewed after 5 years.
Published on: 4th Sept 2009

Does the new limitation procedure for the European patent present any dangers?

F.Ahner 65x65.jpg The new European Patent Convention of 29th November 2000 called “EPC 2000” will come into force by 13th December 2007 at the latest.
Published on: 25th Jul 2009

Directive 2004/48/CE of 29 April 2004 on the enforcement of Intellectual Property rights : implementation in France - definitive bill adopted by the Parliament

v2191-Anne BOUTARIC.jpg The measures are facilitated in order to prevent the continuing alleged infringement of intellectual property rights before obtaining a decision on the merits, such as an interlocutory injunction.
Published on: 7th Jul 2009

European Patent Office : new provisions introducing time limites for the filing of divisional applications

J.R.Callon 65x65.jpg The Administrative Council of the European Patent Office agreed last 25th March to new provisions introducing time limits for the filing of divisional applications.
Published on: 20th May 2009

New procedure in dealing with petition for review by the enlarged board of appeal set out in Article 112 bis-EPC 2000

By Francis AHNER, Partner, European Patent Attorney, Cabinet REGIMBEAU
F.Ahner 65x65.jpg Under the old EPC 1973, decisions or opinions of the Enlarged Board of Appeal could only be petitioned at the request of a board of appeal or of the President of the EPO, mainly in order to ensure uniform application of the law enacted by the EPC.
Published on: 6th Jan 2009

How to determine the true inventor ?

By Isabelle MENDELSOHN, IP Attorney, Cabinet REGIMBEAU And Franck TETAZ, Partner, Cabinet REGIMBEAU
F.Tetaz 65x65.jpg Which employer, licensing, IP or R&D department of a company has never been faced with the difficult task of designating the inventors when filing a patent application?
Published on: 1st Feb 2008

Case G 2/07 : Coming soon, an interpretation of the expression « Essentially biological process» by the EPO's Enlarged Board of Appeal

By Franck TETAZ, Partner, Cabinet REGIMBEAU And Lucile VERNOUX, IP Engineer, Cabinet REGIMBEAU
v5671- Lucille VERNOUX.jpg Decision G 1/98, later taken up in the “biotechnologies” directive, validated the patentability of plants produced through genetic engineering and their preparation processes when they are not limited....
Published on: 1st Feb 2008

False Divisional applications, but real continuation applications in Europe : Should Limits be imposed ?

J.R.Callon 65x65.jpg This summer, the Enlarged Board of Appeal of the European Patent Office made two long-awaited decisions on divisional applications (G1/05 and G1/06).
Published on: 1st Oct 2007