Before the Paris Local Division, in a case where the defendant had forced an intervener into the proceedings pursuant to Rule 316A RoP (forced intervention), the intervener has obtained a period of one month for filing its Application to Intervene as well as for filing its Statement in Intervention. Contrary to Rule 316.2 RoP, which mentions a “further period” for filing the Statement in Intervention, the Court did not set any such further period.
Fee increase of the European Patent Office as of 1 April 2024
The European Patent Office will increase most of its fees by an average of around 5% as of 1 April 2024. The fee increase will be significantly higher for the 3rd and 4th renewal fees, which will rise by almost 30%.
Comparison of opposition proceedings at the EPO and revocation actions at the UPC – advantages and disadvantages
Since the introduction of the Unified Patent Court (UPC) in June 2023, a new system for central attacking the validity of and thereby to nullify a European Patent has been introduced. If a European patent of concern is an EU Unitary Patent, or if a classically validated European patent was not opted out from the competence of the UPC, a central revocation action under the UPC now exists in parallel to an opposition before the European Patent Office (EPO). Therefore, the question arises: what are the pros and cons of challenging the validity either before the EPO or before the UPC? The present report provides some guidance and discusses the main advantages and disadvantages of each system – which eventually is a matter of strategic considerations whether and which advantage may prevail – be it costs, timing, speed of proceedings, and possibly other issues.
We were deeply shocked to learn of the devastating earthquake in Japan and would like to express our sincere condolences to the victims of this earthquake. In these difficult times, we would like to express our deepest sympathy to you and your fellow human beings.
Abolition of the 10-day notification fiction at the European Patent Office
In view of the digital age, in which documents will only be served electronically in the future, the European Patent Office will abolish its so-called 10-day fiction of service, which previously governed the calculation of time limits, as of November 1, 2023.