IP Law & Strategies: A publication of the Association of Patent Law Firms
 

Welcome to the first of our IP LAW & STRATEGIES editions for 2008. If you have any comments or suggestions, please send them to aplfadmin@aplf.org.

Meeting Juror Expectations In The Twenty-First Century by Dr. Philip K. Anthony
Recently, the California courts adopted new procedural rules allowing judges some latitude and flexibility in how jurors are treated during civil proceedings. Specifically, courts will now have the option of allowing jurors to take notes and ask questions. Is this a good or bad development in terms of the psychology and strategic positioning of a case for trial? Before answering that question, consider the current composition of the jury-eligible American population both here and throughout the United States.
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The Impact Of Adding Subject Matter Before The European Patent Office by Suzanne Oliver, HLBBshaw Ltd
It is a requirement under European Law that any amendment which is made to a patent or patent application should not add subject matter that extends beyond the content of the application as filed. The underlying idea of the restriction is that an applicant is not allowed to improve his position by adding subject-matter not disclosed in the application as filed, which would give him an unwarranted advantage and could be damaging to the legal security of third parties relying on the content of the original application. Contravening this requirement is not only a ground of rejection of an application before the European Patent Office (EPO), but may also be a ground for revocation of a granted patent at European national offices.
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Exclusions to Patentability by Chris Hirsz, HLBBshaw Ltd
Patent laws across Europe, including the United Kingdom, and the European Patent Convention (EPC) are harmonized to the extent that they all include a list of "types" of inventions that are specifically stated not to be patentable inventions. They are therefore excluded from patentability on statutory grounds. This list includes:

  • discoveries, scientific theories and mathematical methods
  • aesthetic creations
  • schemes, rules and methods for performing a mental acts, playing games or doing business, and programs for computers
  • presentation of information.
However, these things are stated to be excluded only to the extent that they relates to that thing, as such. Other inventions, such as methods of treatment of the human or animal body by surgery or therapy and diagnostic methods practised on the human or animal body are also excluded from patentability.
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The Internet As A Source Of Prior Art: The European Patent Office's View by Richard Leoni, HLBBshaw Ltd
A recent Decision of the European Patent Office's (EPO) Technical Board of Appeal has addressed the criteria for establishing whether an Internet disclosure forms part of the state of the art.
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The London Agreement by Alex Turnbull, HLBBshaw Ltd
Much has been written about the history of the London Agreement, its mechanics and the resulting reduction in translation costs of European patents. In the following article we address the practical steps that applicants should consider now for pending applications in order to minimize future translations costs.
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Two Years of Patent Office Opinions by Nicholas Braddon, HLBBshaw Ltd
More than two years have passed since the UK Patent Office launched its Opinions service. Here, we take a brief look at the basics of the service before analysing certain aspects of its performance to-date and some of the opportunities that it may provide. What is the Opinions service?
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APLF Member Firms
The member firms of the APLF represent a prestigious international group of patent, copyright and trademark specialty law firms, a group uniquely qualified to practice in these unique areas of the law.

     

The Association of Patent Law Firms

January 2008

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HLBBshaw Ltd

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Published by:
The Association of Patent Law Firms
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Publishers:
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Editor:
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© 2008 by The Association of Patent Law Firms. No part of this publication may be reproduced without written permission of the publisher.