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The European Patent Office (EPO) recently announced a change in the rules for search and examination of Euro-PCT applications which do not meet the required unity of invention.
From November 2013, the trademark and design practice will operate under the name of NLO Shieldmark. Our attorneys work in the offices in The Hague and Amsterdam.
Stopaq B.V. (“Stopaq”) was granted an injuction by the German Patent Court in Mannheim as it found that a product offered on the German market by the Canadian company ShawCor Ltd. ("ShawCor") infringed Stopaq’s European patent specification EP 1644433 B1 (“EP ‘433). This decision was appealed by Shawcor.
On October 18, the Administrative Council of the European Patent Office (EPO) has announced an important amendment in the rules for divisional applications.
In its ruling of 2 October 2013 the District Court of The Hague declared void a supplementary protection certificate for a combination of Irbesartan and HCTZ (hydrochlorothiazide) from the French company Sanofi S.A. on the grounds of a lack of inventiveness in the basic patent. It is quite rare in Europe for a material patent on a successful drug to be declared void.
Draft regulations relating to unitary patents were published recently. As the implementing body, the European Patent Office is responsible for registering unitary patents, based on these (draft) regulations. This concerns further elaboration of the EU directives which were accepted in the spring of 2013 and represents another step towards a European patent with unitary effect.
The Austrian Foreign Ministry has reported that on 7 August Austria deposited in Brussels its ratification instrument for the Agreement on the Unified Patent Court. Austria is, therefore, the first member state to ratify. The countdown begins!
NLO Shieldmark becomes second largest trademark office in the Netherlands
NLO based in The Hague, has acquired all the shares in Zacco Netherlands B.V. Until 2009, Amsterdam-based Zacco Netherlands operated under the name Shieldmark. This acquisition makes NLO the largest consultancy in the field of Intellectual Property and the second trademark office in the Netherlands. Herman de Haan, CEO of NLO: “In Zacco Netherlands, we found a perfect match, in terms of both strategy and operations. The acquisition gives powerful expression to our growth strategy and strengthens our position as a European player.” Under the name NLO Shieldmark B.V., the Amsterdam office will primarily focus on the protection of trademarks and designs. The patent team of Zacco Netherlands B.V. will remain part of Zacco A/S.
The Preparatory Committee of the Unified Patent Court has set up a website featuring a ‘Roadmap’ explaining the steps to be taken to create the high quality patent court required for the unitary patent. The committee is aiming for the Patent Court to be operational in 2015. That is an ambitious goal. It is obviously vital for its acceptance that the Patent Court issues high quality and consistent judgements from the start. This requires sufficient, well-qualified judges. The start date also depends on the ratification in 13 EU countries including Germany, France and the UK.
By Peter ten Haaft and Thea van der Wijk
Isolated unaltered natural DNA is not patent eligible; man-made DNA (such as cDNA) that is distinguishable from natural DNA, remains patent eligible.
The opinion of the US Supreme Court issued on June 13th, 2013 (http://www.supremecourt.gov/opinions/12pdf/12-398_1b7d.pdf) relating to Myriad Genetics’ patent of BRCA genes is breaking news and is suggested to have a major impact on gene patenting.