patents, designs, trade marks, confidential information, copyright, trade secrets & know-how
Hillgate Patent Services is a firm of UK and European patent and trademark attorneys. Our team of attorneys has extensive experience in all aspects of intellectual property - patents, designs, trade marks, copyright, confidential information, trade secrets and know-how.
Most of Hillgate’s attorneys have spent a considerable part of their careers in corporate IP roles and therefore understand the importance of ensuring that patents are relevant to the business objectives. In any business the critical product or process features are constantly changing and it is our job to ensure that the IP provided is broad enough to cover these changes and to adapt the IP accordingly.
Update: The Effect of the London Agreement in the United Kingdom
18 April 2008
The London Agreement on the application of Article 65 of the European Patent Convention will enter into force on 1st May 2008, reducing the cost and simplifying the procedural requirements for European Patent protection in many states. Details of the Agreement are available on the European Patent Office website here
In our paper of 29th February 2008 we summarised the new regime under the London Agreement for validation and maintenance of European Patents in the United Kingdom.
For European Patents having a grant date or amended specification publication date on or after 1st May 2008, the position remains as we previously reported. However, a recent legal opinion circulated to members of the professional association for United Kingdom patent attorneys (CIPA) raises some uncertainty as to the correct interpretation of Section 77 of the United Kingdom Patents Act 1977 insofar as it applies to the translation requirement for European Patents having a grant date (European Patent Bulletin publication date) or amended specification publication date prior to 1st May 2008.
The position of the United Kingdom Intellectual Property Office remains in accordance with our original paper. According to this view, no translation is required in order for a European Patent having a grant date (or amended specification publication date) on or after 1st February 2008 to take effect in the United Kingdom. Furthermore, the translation requirement for a European Patent having a grant date (or amended specification publication date) from 1st December 2007 to 31st January 2008 may be avoided by filing a request for an extension of time.
The contrary opinion is to the effect that the translation requirement remains in force for any European Patent having a grant date (or amended specification publication date) prior to 1st May 2008.
In view of this legal uncertainty we therefore recommend that the safest course will be to file an English translation in respect of any European Patent having a grant date (or amended specification publication date) prior to 1st May 2008, and patent proprietors should not rely on the official guidance on translation requirements provided by the United Kingdom Intellectual Property Office in this respect.
This updated paper provides a summary of the new regime taking account of the latest advice.
EPO Fees Update
1 April 2008
European Patent Office fees increased on 1 April 2008. In particular, European Patent applications containing more than 15 claims will now incur substantially increased claims fees. International (PCT) applicants may wish to consider filing a reduced set of claims on entry to the European regional phase.
NEWS FROM QED Intellectual Property Ltd.
1 February 2008
QED Intellectual Property Ltd is pleased to announce that it has joined the Novagraaf Group with effect from 1st February 2008.
The Novagraaf Group are leading European advisors and consultants, expert in all aspects of Intellectual Property matters, including Patents, Trade Marks, Designs, Copyright, Know How, Licensing and Technology Commercialisation with offices in the United Kingdom in London, Manchester, Norwich, York and in the rest of Europe in Amsterdam, Paris, Brussels and Geneva.
The QED CEO, Neil Muttock, has been appointed Head of UK Patents for the Novagraaf Group.
Novagraaf Group Chief Executive, Herman Bouwman said “IDL and particularly QED have a great reputation for strong innovation and development of IP matters and the addition of the experience and new ideas of the IDL Group will greatly enhance and strengthen the broad range of services available from Novagraaf in the IP field in the United Kingdom and in our other offices in Belgium, France, The Netherlands and Switzerland.”
David Goldring (Managing Director, Novagraaf UK) and Neil Muttock stated that together Novagraaf and IDL would form a strong partnership to offer a fuller and broader IP advisory and support service for all types of clients, whether multinational, national, local or small businesses worldwide.
For more information, please contact:
Lutgarde Liezenberg – CEO, Novagraaf Group +31 (0)20 564 1411
David Goldring – MD, Novagraaf UK +44 (0)20 7490 5448
Paul Harman – Head of Patents, Novagraaf UK +44 (0)20 7490 5448