European Patent Research Articles

Innovation and Patenting within Containerized Liner Shipping

Increasingly, in many industries, companies commercialize their technology and innovations through patenting to gain an edge over competition. Within the maritime sector, while literature on innovation is expanding, issues related to the importance of intangible assets, such as patenting, for the participant firms of the industry remain unaddressed. Utilizing innovational frameworks and patent data withdrawn from European Patent Organization’s (EPO’s) database, the aim of this paper is to investigate the innovative level, in terms of patents granted, of incumbent market actors in liner shipping. Apart from patent counts, this exercise sheds light on the areas to which these patents apply, providing a classification while also investigating additional attributes which relate to patent citations, investors and applicants. Although results indicate a varying degree of utilization of the patenting system amongst liner carriers, they nonetheless affirm to some extent that knowledge creation is a valuable tool in the arsenal of some liner carriers, and that patenting is one of the various means utilized to enhance their market position and achieve a sustained competitive advantage. In addition, findings suggest that liner carriers’ innovative efforts have, based on the forward citations received, some significance, while they focus primarily the development of patented technologies which enhance the operational efficiency of their vessels. In this respect, the investigation undertaken sheds some light and provides a novel perspective on understanding the behaviour and innovative propensity of liner shipping companies.

The European patent with unitary effect. Opportunities and limitations for innovative projects

The European patent with unitary effect. Opportunities and limitations for innovative projects

OUP accepted manuscript

According to Art 56 of the European Patent Convention (EPC) (and equivalent national provisions), an invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art. There are different tests for inventive step. The European Patent Office (EPO) uses the problem–solution approach, which comprises three main stages: The English Pozzoli test (Pozzoli v BDMO [2007] EWCA Civ 588; [2007] FSR 37) and the German test for inventive step (reviewed by Gröning, GRUR 2021, 206) do not necessarily require that the starting point be ‘closest’ (if they consider a single starting point at all), and they define the problem more broadly (Germany) or not at all (UK). Another difference is the approach to the statutory question of obviousness: English and German courts adhere more strictly to the wording of the statutes, focusing on the question whether the features distinguishing...

Protection of Utility Models in Poland: A Brief History and Perspective for the Future

Abstract This paper concerns mechanisms for the protection of utility models in Poland. These mechanisms are at present on the verge of substantial change as a new draft regulation was opened for public consultation in 2022. Select results of analyses of the utility model applications filed in the years 2001–2020 were reported. The analyses concerned possible routes for filing utility model applications in Poland, the most popular fields in which utility model protection is used, and the origins of utility models protected in Poland by the country of residence of the first applicant. It has been noted that a key strength of the utility models is the criteria granting exclusive rights. In terms of the advantages related to disclosure, the state-of-the-art protected utility model needs only to be novel; there is no requirement concerning the inventive step. This makes the assessment of validity relatively reliable and significantly reduces the risk that the enforced right of protection will be invalidated. This strength will likely be preserved in the review of the draft regulation that is about to abolish substantial examination and replace it with a registration system. The change is supposed to reduce the time of prosecution, thus making the conversion from refused/withdrawn European patent applications to Polish utility models more attractive.

UNCITRAL Model Law Development of Arbitration Framework for EPC Disclosure of Travaux Preparatoires using Political Expediency of Tax Planning

Corporate Governance is a conceptual framework of business designs intended to illustrate the various activities of a company towards fulfilling its profit goals as private stakeholder and contributing to public interests for social obligation of sustainable development. Disclosure of corporate social responsibility is the central mechanism of corporate governance. Based on stakeholder theory, corporate governance strongly influences corporate social responsibility disclosure to enhance the relationship of stakeholders and its business community. Tax aggressiveness is utilized by board director and its members to lessen tax contribution which is contrary to the government sector goals of maximizing tax impositions for public welfare and safety. Unlawful behavior on tax aggressiveness is known as tax evasion while tax avoidance is not a violation and serves as a loophole to the taxation system. UNCITRAL model law is a legal arbitration concept of making “commercial” expand to other comparable jurisdiction of international trade. The European Patent Commission is the legal authority that delineates medical policies from patented products. Travaux preparatoires is a design practice within legal context of restricted jurisdiction for commercial exercise of strict liability. This paper aims to develop arbitration framework based on stakeholder theory of corporate governance to explain the correlation of tax planning with patented products and medical processes involving therapeutic, surgical, and veterinary policies. Therefore, tax evasion is not apparent criminal behavior and tax planning on medical policies and patented drugs must have a separate strategic means of increasing monetary success for tax avoidance to be clearly managed by the company.

Targeting Factors of Ecotax Based on Life Cycle Assessment for Select Criteria Mechanism using waste to Energy Technology of Environmental Law and its Enforcing Regulations

Every drug product, with its apparent patent and trademark from European Patent Commission (EPC), must exhibit its safety utilization starting from its ecological cultivation up to its warranty disposal back to the environment termed as Life Cycle Assessment of drugs. Climate change may be influenced and worsened by several determinants in which pharmaceutical sector may play a big role to environmental pollution and may eventually lead to risks of developing health problems due to environmental toxicities. Therefore, there is a crucial need for remediating drug wastes into renewable energies as corporate responsibility of environmental taxation for the advocacy of Sustainable Development as promoted and regulated by Kyoto Protocol of United Nations Millennium Development Goals of economic prosperity and safety of the public. This paper aims to delineate the waste to energy technology functions for addressing its problems and concerns in carbon tax such as the quantity of renewable power percentage, the amount of greenhouse gases of climate change and its environmental pollutants from waste disposal of expired and used drugs, the prevalence of morbidity and mortality rates in relation to environmental exposure to hazardous substances, and its relative monetary progress and success. Kinetic modelling of equations and its MATLAB simulation code is important for application of waste to energy technology for Sustainable Development. Therefore, delineation of carbon tax in kinetic modelling is quite necessary in resolving issues in economy, society, and environment as exhibited in SELECT criteria mechanism of decision making.

The European patent protection system: problematic issues and development prospects

The European patent protection system: problematic issues and development prospects

Recent Progress in Self-Emulsifying Drug Delivery Systems: A Systematic Patent Review (2011-2020)

Self-emulsifying drug delivery systems (SEDDS) are lipid-based isotropic mixtures that enhance the bioavailability of poorly water-soluble drugs and reduce the possible side effects, offering a wide variety of treatments for several pathologies. The aim of this review is to discuss the state of the art of patents for this drug delivery system by studying recent patent applications (2011 to 2020). We performed a thorough screening using the European Patent Office's Espacenet database, from which 37 inventions were selected and fully studied. China had more patent applications, and the articles published about SEDDS exceeds both in number and technological advance the submitted inventions. Nevertheless, the patents presented herein are innovative to address known issues to traditional SEDDS, including storage and formulation stability, solid formulations, acute gastrointestinal toxicity from surfactants, and drug delivery through alternative routes of administration. This study also revealed that release behavior for SEDDS and associated pharmacokinetics were not completely disclosed by the inventors of the patents and that further studies are required.

A Study of Software Patentability at the European Patent Office

A Study of Software Patentability at the European Patent Office

When speed matters: a discussion on the benefits of a grace period in patent law to accelerate pharmaceutical innovation in times of pandemic.

The unprecedented coronavirus disease 2019 (COVID-19) pandemic is a solemn reminder of the need to accelerate pharmaceutical innovation. The desire for fast access to vaccines triggered discussion of unrestricted access to research findings with the hope of facilitating the drug discovery process to combat COVID-19. Increasingly, abolition of the patent system is being discussed in connection with the fight against the pandemic. This may accelerate discovery of and increase access to medicines. However, society's desire for immediate disclosure of research findings conflicts with the inventor's legitimate interest to protect his or her invention as well as the need to recover investments made to develop the drug. The call for immediate disclosure of research results contradicts the interest of the inventor, whose primary goal is to secure his intellectual property rights, usually by applying for patent protection. In Europe, where patent law is based on the principle of absolute novelty, disclosure of the results reduces novelty and prevents subsequent patenting. Consequently, patenting remains the top priority for pharmaceutical companies in Europe, while disclosure of the results is secondary. The following article looks critically at the idea of using the grace period in European patent law to reconcile the conflicting interests of society and inventors in times of pandemic. In this paper, we investigate whether the implementation of a grace period in European patent law like that known in the USA, Japan, or Korea benefits the disclosure of results and increases the flow of information, ultimately leading to the promotion of innovation and rapid drug discovery. This article questions whether the use of a grace period provides a sufficient incentive to the inventor for rapid disclosure.

Amendments at Indian National Phase: In Harmony with PCT Standards?

The Patent Cooperation Treaty (PCT) under Article 28 / Rule 52 or Article 41 / Rule 78 guarantees the applicant the right to amend claims, description and drawings before each designated/elected office, on national phase entry or at least one month thereafter, further to the amendments submitted during the International phase of the application. The Indian Patent Office (IPO) however refuses to allow amendments while entering the national phase,1 except for deletion2 of one or more claims under Rule 20(1)3 of the Patent Rules 2003. The Patent Offices of other PCT signatories like the European Patent Office(EPO), the US Patent and Trademark Office (USPTO), the Intellectual Property Office of Singapore (IPOS)4, the Chinese Patent Office (CNIPA) and the Brazilian Patent and Trademark Office (INPI)allow this amendment under Article 28/Article 41 PCT. The IPO accepts all other types of amendments such as merging of two or more claims, alteration of the claim language, etc. only during the national phase proceedings. These amendments can be made either through a request for voluntary amendments in Form 13 along with payment of the associated fee, or in response to the examination report. The latter requires, the applicant to wait until the examination report is communicated. In this article, we are attempting to analyze whether India is in line with the above mentioned provisions of PCT in respect of providing the applicants an opportunity to amend the claims further from that on file in the international phase, at the time of filing the national phase application.

Examination of applications for registration of the invention under EU regulations - Experience for Viet Nam

In this article, from the perspective of analyzing European Union law and Vietnamese law on patent registration as well as the practical examination of patent applications in the European Union and Vietnam in which proposes experience for Vietnam in the process of completing, amending, and supplementing legal regulations related to the process and methods of examining patent applications to save time on granting patents as well as protect industrial rights of the applicant. As a matter of practice, the long process of examining industrial property applications in general and patents, in particular, has caused difficulties for the rights holder in the process of intellectual property exploitation while the cycle of development of alternative technology or, in other words, the life cycle of technology is getting shorter and shorter. In this regard, the right holders only have a few years even a couple of months from the application date to start the process of commercial exploitation so that the right holders are unable to recover the expense of the investment for developing inventions. Besides, the number of patent applications is increasing along with economic development and national start-up campaigns. Therefore, in the context of shortening patent examination and other industrial property, in general, are now significantly necessary. Furthermore, within the scope of the article, the authors have compared the regulations of the European Patent Convention regarding the patent application examination, despite the similar steps of filing compared to Vietnam’s regulations, the European Patent Convention still has some significant regulations to shorten the examination. As the result, based on reference to EU regulations, the authors propose a number of solutions to overcome the situations leading to the prolongation of the patent granting time and effectively protecting the interests of the applicant in Vietnam.

The Unified Patent System – Expectation and Prospects for a United Europe

The present study brings to the reader’s attention an extremely important fact for the European patent system – the beginning of the work of the Unified Patent Court. On January 19, 2022, the Protocol for the Preliminary Implementation of the Agreement on the Unified Patent Court entered into force, and it is expected to start functioning by the end of 2022 and the beginning of the following year. The article examines in historical order the creation and development of the European patent system, as well as the adopted legal acts outlining the new patent system of the European Union. The structure, competence and way of functioning of the Unified Patent Court have been clarified. Emphasis is placed on the advantages resulting from the introduction of the unified patent system, and above all on the role of the Unified Patent Court in unifying judicial practice in various patent disputes. The aim is to establish greater legal certainty in protecting the rights of patent holders. The opportunities and some of the problems that arise for Bulgarian enterprises since the introduction of the new patent system are indicated.

AKEBIA THERAPEUTICS INC v FIBROGEN, INC

Abstract H1 Patents – European patents – Pharmaceuticals – Treatment of anaemia – Revocation – Infringement – Construction – Obviousness – Obvious to try – Reasonable expectation of success – Hindsight – Expert evidence – Sequential unmasking – Insufficiency – Excessive claim breadth – Uncertainty – Identification of technical contribution – Principles of general application – Plausibility – Undue burden – AgrEvo obviousness – Equivalence – File prosecution history – Process limited product claims – Indirect infringement – Means relating to an essential element of the invention – Whether suitable for putting and intended to put invention into effect – “Off-label” use – State of mind of defendants – Intentions of prescribing clinicians – Quia timet claims – Whether stay of infringement claim appropriate

Energy, Economic and Environmental Assessment of Thermal Barrier Application in Building Envelope Structures

Thermal engineering requirements for building structures are becoming more and more strict. Thermal barriers (TBs) are energy-active elements integrated into the building structure in which a heat transfer medium (water or air) flows. A survey of the scientific literature on the subject points to the fact that this is a very topical and promising area of research and, so far, most studies on TBs are based on calculations, computer simulations and experimental measurements. Few studies have focused on the economic and environmental aspects of TB use. Following the research results presented by authors from all over the world, as well as our contributions in this scientific field that are described in a European patent, three utility models and scientific articles, in this study we have focused on the evaluation of the TB in terms of energy performance, economic efficiency and environmental friendliness by comparing the use of a classical envelope wall with the required thickness of thermal insulation meeting the normative requirements for thermal resistance R ((m2K)/W) and a perimeter wall with an integrated TB significantly eliminating the thermal insulation thickness. We evaluate the use of the thermal barrier using: economic indicator one, where we compare the cost of heat delivered to the TB in a structure with significantly eliminated thermal insulation and the saved cost of thermal insulation at the standard thickness; economic indicator two, where we compare the cost of heat delivered to the TB in a structure with significantly eliminated thermal insulation with the potential gain from the sale of the useful area of the building gained compared to the area at the normative thickness of thermal insulation; and economic indicator three, where we compare the cost of heat delivered to the TB in a structure with significantly eliminated thermal insulation with the cost of grey energy at the normative thickness of thermal insulation. Based on a parametric study based on theoretical assumptions, it can be concluded that the thermal barrier shows a very promising and efficient solution in terms of the evaluation of economic indicators one to three, which are even more significant if we use heat for the TB from renewable energy sources (RES) or waste heat.

Contribution of Patent Information for Obtaining Mortars with Construction and Demolition Waste (CDW) as Recycled Aggregate

Civil construction is one of the most important sectors for economic and social development, alternatively, it is a generator of waste that is commonly discarded in an irregular manner causing negative environmental impacts. Seeking knowledge in databases for innovation has become a common practice in most organizations in the development of new products, due to the evolution of information technology. Patent data shows changes in the structure and development of a country’s creative activities in technologies, industry, and companies. Analyzing the competitiveness between inventors and companies is feasible as patents contain descriptions of inventions and their functionalities. This study aims to collect patent information on mortars using construction and demolition waste (CDW) as an alternative raw material. We performed the research in an exploratory way with the purpose of defining more viable technological routes, determining the types of materials to be used, and the minimum and maximum percentages of substitution of the natural aggregate for the recycled aggregate. We used the patent databases Google Patents, European Patent Office (EPO) through Epacenet, and World Intellectual Property Organization (WIPO) available on Patentscope. As a result, 70 patent application records were identified according to the search descriptors, with Brazil as the country with the highest number of registrations. A survey of the number of patents deposited, published, office, and/or country was performed following the International Patent Classification. The results have the potential to contribute to the design of improvement strategies when using construction and demolition residues in mortars.

Cold plasma aseptic packaging

Cold plasma aseptic packaging

Knowledge Space, Relatedness and Complexity: A Regional Analysis in Turkey

Regional development policies based on regions’ core strengths is key for innovative and competitive growth. For sustainable growth, each region would discover their own growth paths grounded on their core knowledge base and capabilities. Although there are studies that focus on regional clustering of economic activity and technological dispersion of sectors in Turkey, little is known related to the regions’ potential to attract new technologies based on their core strenghts. There are three objectives of the paper: The first objective is to map knowledge space (relatedness between technologies) in Turkey for 2010 and 2017. The second objective of the paper is to understand relatedness (branching opportunities) and knowledge complexity in Turkey’s regions for 2010 and 2017. The third objective is to demonstrate the relationship of regional innovativeness as measured by patent applications with relatedness and knowledge complexity across Turkey’s NUTS3 regions. The study uses data from the European Patent Office (EPO) REGPAT Database (downloaded in January 2020). In order to map Turkey’s knowledge space, we use technological relatedness between patent classes. The knowledge space is a network where nodes represent technological categories and lines represent links between each pair of technology. Relatedness of the regions is operationalized by relatedness density. Knowledge complexity is operationalized by knowledge complexity index. We use regression analysis to understand the correlation of patent applications with regions’ relatedness density and knowledge complexity. As a control variable, the regression model uses diversity variable that is operationalized by the number of technological classes in which each city has relative technological advantage. The analysis demonstrates that knowledge space in Turkey became denser between 2010 and 2017 and there are variations across regions with respect to branching opportunities and knowledge complexity. Diversity and relatedness density are positively correlated with patent applications while complexity does not have a correlation with regional innovativeness.

EVALVE INC v EDWARDS LIFESCIENCES LTD Patents Court Birss J.: 9–13, 17 and 18 December 2019 and 12 March 2020 [2020] EWHC 514 (Pat); [2020] R.P.C. 12

H1 Patents – European patents – Infringement – Validity – Medical devices – Mitral valve repairs – Long felt want – Technical merit arguments – Pleadings – Construction – Novelty – Inventive step – Hindsight – Approach to prior art documents – Added matter – Intermediate generalisation – Infringement on “normal construction” – Doctrine of equivalents – Amendment

MEXICHEM UK LTD v HONEYWELL INTERNATIONAL INC

H1 Patents – European patents – Revocation – Declaratory relief – Arrow declarations – Refrigerants for mobile air conditioning systems – Strike out application – Appeal to Court of Appeal