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unitary patent

A Unitary Patent option and a common Patent Court in the EU, likely coming in 2022

Finally, after many years of difficulties, the combined Unitary Patent (UP) and Unified Patent Court (UPC) project is about to become a reality.

The announcement by Germany of its ratification of the Protocol on Provisional Application (PPA) in August 2021, along with the subsequent deposit of the PPA ratification instrument in September 2021, has marked an important milestone towards entry into force. What stood in the way was the needed ratification of the PPA by one more Member State which is no longer the case and, ultimately, the final stages towards entry into force can be underway.

Belgian patent rights court

Measures to enforce Belgian patent rights in court

National Belgian patents and European patents in force in Belgium are exclusive intellectual property rights which allow you, the patentee, to forbid others from exploiting your invention in Belgium. Unfortunately, sometimes a competitor does violate your exclusive patent rights which can result in damages (e.g. financial loss). Luckily, under Belgian law there are various legal procedures at your disposal which enable you enforcing your exclusivity in court.

Have you ever met the person skilled in the art?

Have you ever met the person skilled in the art?

Despite his many different faces, the “person skilled in the art” (PSITA), also called “the person having ordinary skill in the art” or PHOSITA, is a famous character in the field of patents.

PSITA is a legal concept found in many patent laws, which is used in various aspects of patent examinations worldwide. In most jurisdictions, it is a hypothetical person who is presumed to be a skilled practitioner in a technical field with average knowledge and ability and who is aware of what is common general knowledge in the art at a given relevant date.

Blockchain: EU Patent Protection & Importance

At GEVERS, we are always keeping an eye on the future and one of the revolutionary technologies to follow is the blockchain technology. We notice more and more innovations involving blockchain in a variety of technical applications and by way of this article, we want to provide you helpful information on how to protect blockchain innovations.

right to a patent

Did you know that the right to a patent needs to be assigned from the inventor to the applicant?

According to Belgian patent law, the right to a patent for an invention belongs to the inventor or to its successor in title. Therefore, the right to a patent always originates from the inventor, i.e. a natural person. However, this right can be assigned to another entity, such as a company, by means of an agreement. The assignment is important because, in its absence, the inventor can request the Court to transfer the patent to itself or to be registered as co-owner of the patent if the inventor only partially contributed to the invention. Alternatively, the inventor can also request the Court to nullify the patent in its entirety, or partially, when the inventor only contributed to part of the invention.

Artificial intelligence

Artificial Intelligence (AI): Dissecting the AI Value Chain

Digital technologies continue to evolve rapidly and the use of Artificial Intelligence (“AI”) has become integrated into all kinds of applications and industries. AI is the backbone of search engines, chatbots, customized marketing, self-driving cars, smart devices, cybersecurity and many more applications. AI and data are driving companies to innovate and sometimes transform their business models.

novelty search

Did you know it’s a best practice to do a novelty search before drafting a patent application?

Did you know that you can increase the chance of success of obtaining a strong patent by doing a novelty search before drafting a patent application?

Indeed, to be eligible for patent protection, an invention needs to be new and inventive. An invention is novel if it has not been known to the public in any way before filing a patent application. It is considered inventive if, having regard to the state of the art (i.e. what is publicly known), it is not obvious to the person skilled in the art and provides a technical effect.

Why patent attorneys should care about competition (case)law

Patents are, by their very nature, anti-competitive. More specifically, a patent owner has the right to stop others from commercializing his invention and thus has the right, albeit temporarily, to prevent competition. However, while the legislator has accepted the anti-competitive nature of patents as a means to promote innovation, this should not be taken to mean that all patent matters are immediately outside the scope of competition law. In the following, we review the judgement of January 30th, 2020 in case C-307/18 which deals with patent settlements and why these may infringe Article 101 TFEU.

invention

Did you know that inventions which at first sight appear obvious might be patentable?

You have come up with a process, a device, or a product that solves a particular technical problem? However, you believe that it is so simple and obvious it must surely not be patentable…Think again! Actually, you might be using hindsight knowledge.

Once the solution to a particular problem is known, it is of course tempting to think it was easy or straightforward to imagine. This is called hindsight. However, this is not how inventive step is assessed at the European Patent Office (EPO). Indeed, it seems to be obvious now … but was it really obvious before the solution was actually known?