Education Center
“POISONOUS DIVISIONALS” POISONED IN THE EPO
For the past few years there has been fear that the law on priority claims in the European Patent Office (EPO) could result in a divisional application becoming prior art against its parent if the divisional application described subject matter that...
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INTELLECTUAL PROPERTY RESOLUTIONS FOR THE C-SUITE
Innovative solutions are the foundation of almost every successful company. Tied to almost everything your company creates, every item it produces and sells, every service it provides and every way in which it is marketed, are potential intellectual...
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U.S. SUPREME COURT REVERSES DAMAGE AWARD IN SAMSUNG v APPLE
The Supreme Court on December 6, 2016 ruled that when considering the basis for awarding damages based on the infringer’s profits from infringing a design patent, it is not necessary to base these damages on the profit made on the entire article...
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UK TO CONTINUE STEPS TOWARDS RATIFICATION OF UNITARY PATENT CONVENTION DESPITE BREXIT
The EU’s Unitary Patent Convention (see https://ladasparry.wpengine.com/education-center/eu-unitary-patent-and-patent-court-2/) and the associated EU patent had originally been expected to come into effect in 2017. This was, however dependent on...
Read ArticleSOFTWARE AS PATENTABLE SUBJECT MATTER POST ALICE
The issue of patent eligible subject matter under 35 USC § 101 affects many different types of inventions including those which incorporate software technology for controlling conventional machines and devices. Although the Alice v. CLS Bank...
Read ArticleTRADE SECRETS: CHANGES IN THE LAW ON PROTECTION OF TRADE SECRETS IN THE UNITED STATES AND EUROPEAN UNION
Concerns about trade secret theft have been increasing in both the United States and Europe in recent years. Traditionally, American law disfavored trade secret protection vis à vis patenting on the basis that publication of inventions was good for...
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