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Friday, August 31, 2007

 

Germany Completes Ratification of EPC2000.

Today, Germany formally has completed the INTERNAL LINKratification process concerning the EXTERNAL LINKEPC2000. In the German Official Gazette (Bundesgesetzblatt Jahrgang 2007 Teil II Nr. 25, dated August 31, 2007, pages 1082ff.) the EXTERNAL LINKRatification Act has been officially advertised. Also the EXTERNAL LINKEPC2000 Implementation Regulation has been EXTERNAL LINKpublished in the same issue of the Gazette.

According to the EXTERNAL LINKEPO EPC2000 ratification status page, some EPC Member States still have not yet ratified EPC2000:
  • Cyprus
  • France
  • Italy
  • Luxemburg
  • Portugal
  • Sweden
  • Turkey
Under Article 8 of the Revision Act, the EPC 2000 shall enter into force
  • two years after the fifteenth Contracting States has deposited its instrument of ratification or accession, or
  • on the first day of the third month following the deposit of the instrument of ratification or accession by the Contracting State taking this step as the last of all Contracting States, if this takes place earlier.
On 13.12.2005, Greece became the fifteenth state to deposit its instrument of ratification. The EPC 2000 will therefore enter into force on December 13, 2007 at the latest. According to Article 172(4) EPC, a Contracting State that has not ratified or acceded to the EPC 2000 at the time of its entry into force shall cease to be party to the EPC as from that time.

The EPO has published draft EXTERNAL LINKGuidelines for Examination describing the procedures of the EPO's first instances under the EPC 2000 (Status March 2007). Attention is drawn by EPO to the fact that some changes will still be made to the present draft, in particular with regard to references to publications in the Official Journal such as decisions of the President, or any errors which might be detected in the upcoming months while the translations are being prepared. After entry into force of EPC2000, there will be only one final official version of the EPC2000 Guidelines.

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Friday, August 24, 2007

 

France Definitively Set To Ratify London Agreement.

"[...] In the coming days, France will ratify the London Agreement, which does away with the need to translate patents into all languages, Francois Fillon, the new French prime minister, said in an interview with Le Monde newspaper Tuesday. [...]"
Read EXTERNAL LINKmore ...

See also more commentary EXTERNAL LINKhere and EXTERNAL LINKthere.

[UPDATE 2007-09-04] Mr Joff Wild's always up-to-date EXTERNAL LINKIAM Blog has unearthed the Official document EXTERNAL LINKPROJET DE LOI autorisant la ratification de l'accord sur l'application de l'article 65 de la convention sur la délivrance de brevets européens presented to the French National Assembly under the date of August 24, 2007. I agree to Mr. Wild's assertion that it would take a brave Assembly to vote against such Bill introduced on behalf of the Prime Minister, Mr François Fillon, by the Minister for Foreign and European Affairs, Mr Bernard Kouchner, while the move is also supported by the President of France, Mr Nicolas Sarkozy. Most probably, the fierce opposition against the London Agreement by the EXTERNAL LINKInstitute of French Patent Attorneys CNCPI won't really deterioate the chances of getting through the ratifiction Bill.

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Thursday, August 02, 2007

 

Apple: Huge Bubble Of Patent Assertions That Needs To Be Scaled Back.

Yesterday, the EXTERNAL LINKStanford Summit 2007 had a session on The Patent Crisis: Crossroads for the Business of Technology. Mr Michael Brandis of EXTERNAL LINKSedgwick, Detert, Moran & Arnold acted as moderator of a discussion panel comprising:
  • Mr Chip Lutton, Chief Patent Counsel, Apple;
  • Ms Michelle Lee, Assoc. General Counsel, Head of Patents, Google;
  • Mr David Kappos, VP & Asst. Gen. Counsel, Int. Property Law, IBM;
  • Mr David Hayes, Partner, Intellectual Property Group, Fenwick & West.
EXTERNAL LINKTheRegister is EXTERNAL LINKreporting on a sceptical standpoint concerning the patent system, in particular in the U.S., issued on behalf of Google:
"[...] Google's head of patents believes the U.S. patent system is 'in crisis'. Discussing patent reform at the annual Stanford Summit in Northern California, associate general counsel Michelle Lee told conference attendees that the American system is 'out-of-balance [and] needs to be remedied'.

'The Patent Office is overburdened,' she said. 'The volume of patents going in is huge. And the quality of patents coming out - it could be better.' [...]"
It appears as if the IT industries are unable to find a common view on that subject matter. Apple's view is different:
"[...] Speaking alongside Lee, Apple's chief patent counsel, Chip Lutton, wouldn't go quite so far as his Google counterpart. He said the US patent system was 'not broken' and that it was 'not in crisis,' calling it 'the best in the world'. But he acknowledged that there was a 'huge bubble' of patent assertions that needs to be scaled back. 'The question with this bubble market, as with any bubble market, is 'Can we solve it without a crisis arising?' ' he said. [...]"
And, IBM appears to share much of Apple's views:
"[...] Lutton's attitude was mirrored by that of fellow speaker David Kappos, vice president and assistant general counsel for intellectual property law at IBM, the company that has led the country in patent filling for the last 14 years. [...]"
When it comes to patent policy, many divergencies are not to be perceived between the positions of anti-IP NGOs on the one side and the position some sort of a monolithic bloc of industries on the other but more companies are now meticulously analysing their own business models, and if they find that they are vulnerable by some effects of the patent system they don't hesitate to line up with other patent critics out there. And surely Google might have reasons to fear potential detrimental impacts of phenomena like patent trolls INTERNAL LINKeven more than IBM. So far, the picture seems to be consistent.

A slating review of the current state of affairs in the patent system referring to the Stanford event is EXTERNAL LINKavailable as usual on EXTERNAL LINKSlashdot.

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