The Administrative Council of the European Organization has decided to amend the Rules relating to its fees. It has been decided that as of 1st. of April 2012 the fees will increase between 5% to 10% and the new amounts will be binding in respect of payments made on or after this date.
Some of the most important fees are listed below.
European Patent Office Increases Fees
Filing fee (online): Increases from 105 EUR to 115 EUR
Search fee: Increases from 1105 EUR to 1165 EUR
Claims fee: Increases from 210 EUR to 225 EUR
Designation fee: Increases from 525 EUR to 555 EUR
Examination fee: Increases from 1480 EUR to 1555 EUR
Fee for grant: Increases from 830 EUR to 875 EUR
Renewal fee 3rd year: Increases from 420 EUR to 445 EUR
Renewal fee 4th year: Increases from 525 EUR to 555 EUR
Renewal fee 5th year: Increases from 735 EUR to 775 EUR
Renewal fee 6th year: Increases from 945 EUR to 995 EUR
JUHL IP & Contract Consulting er specialiseret i rådgivning om beskyttelse af varemærker, patenter, design mm. Vi er også specialiseret i udarbejdelse og fortolkning af kontakter og vi vil gerne hjælpe dig med at få beskyttet dine immaterielle værdier bedst muligt. Få kvalificeret rådgivning både fra jurister, ingeniører mm indenfor branchen, og at du samtidig kan få det til rimelige og gennemsigtige priser.
tirsdag den 3. april 2012
fredag den 30. marts 2012
New EPO patent translation service
EPO has launched a new machine patent translation service called ”Patent Translate”. The translation service is specifically trained to handle elaborate patent vocabulary and grammar and in order to do this, it uses Google translate technology. It is now available in Espacenet,the European publication server as well as via Google Translate. The way the machine works is that it takes a statistical approach where it compares the source document sentence by sentence to millions of patent documents previously translated by humans and the final translation is based on this previous learning by the translation engine.
The machine translation should be able to give an idea of the content of any patent or patent-related document and this might help you to determine, whether you need to invest in a thorough human translation of the document.
At the moment this service enables translation to and from French, German, Spanish, Italian, Portuguese and Swedish. It thereby covers around 90 % of all patents issued in Europe. A next batch including Danish, Dutch, Finnish, Greek, Hungarian and Norwegian will be uploaded in 2013 and by the end of 2014 the translation service should be available in all 32 languages of the EPO. As almost 60% of all applications currently originate from non-EPO countries, the EPO are also working to provide machine translation services for other languages such as Chinese, Japanese, Korean and Russian.
In order to keep the machine up to date, the millions of documents that are every year added to the EPO's databases, will also be fed into the system and thus help to continually improve the engine.
The machine translation should be able to give an idea of the content of any patent or patent-related document and this might help you to determine, whether you need to invest in a thorough human translation of the document.
At the moment this service enables translation to and from French, German, Spanish, Italian, Portuguese and Swedish. It thereby covers around 90 % of all patents issued in Europe. A next batch including Danish, Dutch, Finnish, Greek, Hungarian and Norwegian will be uploaded in 2013 and by the end of 2014 the translation service should be available in all 32 languages of the EPO. As almost 60% of all applications currently originate from non-EPO countries, the EPO are also working to provide machine translation services for other languages such as Chinese, Japanese, Korean and Russian.
In order to keep the machine up to date, the millions of documents that are every year added to the EPO's databases, will also be fed into the system and thus help to continually improve the engine.
onsdag den 30. november 2011
New SPC decision
New SPC decision handed down by the Court of Justice of the European Union (CJEU)
The Court of Justice of the European Union (CJEU) has handed down its decisions in two cases Synthon
v Merz Pharma (C-195/09) and Generics v Synaptech (C-427/09).
With these new decisions it may follow that a medicinal product which has been placed on the market in the Community before obtaining a Directive 65/65 compliant marketing authorization (in particular, without
undergoing safety and efficacy testing) cannot be the subject of a Supplementary Protection Certificate (SPC), because the product does not fall within the scope of the SPC regulation and therefore cannot be the subject of an SPC.
In short Merz had been offering memantine for sale on the German market since before 1 September 1976, for use in the treatment of Parkinson's disease. That product was covered by an early German marketing authorisation, which did not require medicinal products to be tested for safety or efficacy.
Merz obtained a European patent relating to memantine as a second medical use of memantine in treating Alzheimer's disease. In May 2002, Merz were granted a series of marketing authorisations for memantine in the treatment of Alzheimer's disease. These authorisations did involve safety and efficacy testing in accordance with the relevant European Directive, Directive 65/65. Merz used these marketing authorizations to apply for and obtain SPC’s for a term of five years.
Synthon brought proceedings before the UK's High Court, requesting that the SPC be declared
invalid. The High Court referred a number of questions to the CJEU and the CJEU finally decided that, when a product has been placed on the market in the Community as a medical product before obtaining a Directive 65/65 compliant marketing authorisation (in particular, without undergoing safety and efficacy testing), the product does not fall within the scope of the SPC regulation and therefore cannot be the subject of an SPC.
The CJEU has also handed down its decision in Generics v Synaptech (C-427/09). The Court held, for
the same reasons as those in Synthon v Merz Pharma, that since Synaptech's product galantamine had already been placed on the market in the Community before undergoing the safety and efficacy testing required by
Directive 65/65, it did not fall within the scope of the SPC regulation and therefore could not be the
subject of a valid SPC.
The Court of Justice of the European Union (CJEU) has handed down its decisions in two cases Synthon
v Merz Pharma (C-195/09) and Generics v Synaptech (C-427/09).
With these new decisions it may follow that a medicinal product which has been placed on the market in the Community before obtaining a Directive 65/65 compliant marketing authorization (in particular, without
undergoing safety and efficacy testing) cannot be the subject of a Supplementary Protection Certificate (SPC), because the product does not fall within the scope of the SPC regulation and therefore cannot be the subject of an SPC.
In short Merz had been offering memantine for sale on the German market since before 1 September 1976, for use in the treatment of Parkinson's disease. That product was covered by an early German marketing authorisation, which did not require medicinal products to be tested for safety or efficacy.
Merz obtained a European patent relating to memantine as a second medical use of memantine in treating Alzheimer's disease. In May 2002, Merz were granted a series of marketing authorisations for memantine in the treatment of Alzheimer's disease. These authorisations did involve safety and efficacy testing in accordance with the relevant European Directive, Directive 65/65. Merz used these marketing authorizations to apply for and obtain SPC’s for a term of five years.
Synthon brought proceedings before the UK's High Court, requesting that the SPC be declared
invalid. The High Court referred a number of questions to the CJEU and the CJEU finally decided that, when a product has been placed on the market in the Community as a medical product before obtaining a Directive 65/65 compliant marketing authorisation (in particular, without undergoing safety and efficacy testing), the product does not fall within the scope of the SPC regulation and therefore cannot be the subject of an SPC.
The CJEU has also handed down its decision in Generics v Synaptech (C-427/09). The Court held, for
the same reasons as those in Synthon v Merz Pharma, that since Synaptech's product galantamine had already been placed on the market in the Community before undergoing the safety and efficacy testing required by
Directive 65/65, it did not fall within the scope of the SPC regulation and therefore could not be the
subject of a valid SPC.
onsdag den 6. juli 2011
Trademark owners should be wary of new top level domains
From January 2012 to April 2012 it will be possible to apply for new top level domains. On 20 June 2011 the international organization ICANN decided to open up for the possibility to apply for new gTLDs (generic top level domains). This means that it will be possible to for instance apply for a company name, a town name or some generic name registered as a top level domain. It could for example be words as; Lego, Carlsberg, Tourist, beer, game etc.
Registration will not be for everyone as new gTLDs will cost approx. $ 185,000 and the annual fee will amount to approx. $ 25,000. If it turns out that there are several who are interested in the same name, it will be determined by an auction, who will become the owner of it. ICANN expects to get about 500 applications for the new gTLD and they expect that the new gTLDs will be a reality during 2012 and 2013.
ICANN's method of release has been much criticized because it suggests that the right goes to the person who is willing to pay the most for it. By comparison another procedure was used back in 2005 when the EU domain was released. Here it happened over a several month long process where individuals and businesses could apply for a domain and explain their attachment to it. ICANN is according to their statutes a nonprofit organization and it is currently unclear in which way the money that they will earn on the release will be spent.
Trademark owners should be aware to get their trademark protected in the best possible way, so that there is no risk that their trademark should suddenly be used as a gTLD. It is reported from ICANN that they will provide for different options available to protect trademarks including a so called "Trademark Clearinghouse" in which trademark holders can register their trademarks and potentially block the registration of new gTLDs. How the details are dealt with, and when this Trademark Clearinghouse is up and running is not yet known.
It can be expected that this new approach opens up a nightmare for businesses who want to protect their name on the Internet and it will be essential to keep track of how ICANN plans to protect trademark holders in this regard.
JUHL IP & Contract Consulting will provide regular information on new developments and how brand owners should behave towards 2012. For further information on the upcoming gTLDs or domain names in general contact JUHL IP & Contract Consulting at http://www.juhlconsulting.dk/
Registration will not be for everyone as new gTLDs will cost approx. $ 185,000 and the annual fee will amount to approx. $ 25,000. If it turns out that there are several who are interested in the same name, it will be determined by an auction, who will become the owner of it. ICANN expects to get about 500 applications for the new gTLD and they expect that the new gTLDs will be a reality during 2012 and 2013.
ICANN's method of release has been much criticized because it suggests that the right goes to the person who is willing to pay the most for it. By comparison another procedure was used back in 2005 when the EU domain was released. Here it happened over a several month long process where individuals and businesses could apply for a domain and explain their attachment to it. ICANN is according to their statutes a nonprofit organization and it is currently unclear in which way the money that they will earn on the release will be spent.
Trademark owners should be aware to get their trademark protected in the best possible way, so that there is no risk that their trademark should suddenly be used as a gTLD. It is reported from ICANN that they will provide for different options available to protect trademarks including a so called "Trademark Clearinghouse" in which trademark holders can register their trademarks and potentially block the registration of new gTLDs. How the details are dealt with, and when this Trademark Clearinghouse is up and running is not yet known.
It can be expected that this new approach opens up a nightmare for businesses who want to protect their name on the Internet and it will be essential to keep track of how ICANN plans to protect trademark holders in this regard.
JUHL IP & Contract Consulting will provide regular information on new developments and how brand owners should behave towards 2012. For further information on the upcoming gTLDs or domain names in general contact JUHL IP & Contract Consulting at http://www.juhlconsulting.dk/
Varemærkeindehavere bør være på vagt overfor nye toplevel domæner
Fra januar 2012 til april 2012 vil det være muligt at ansøge om nye toplevel domæner. Den 20 juni 2011 besluttede den international organisation ICANN at åbne op for muligheden for at ansøge om at få registreret nye gTLD´er (generisk top level domæner). Det vil sige, at det bliver muligt at søge om at få fx et firmanavn, et bynavn eller en eller anden generisk betegnelse registreret som et toplevel domæne. Det vil for eksempel kunne være ord som; lego, Carlsberg, tourist, beer, game osv.
Registreringen bliver dog ikke for alle enhver, da et nyt gTLD vil koste ca. 18.5000 $ og det årlige gebyr vil beløbe sig til ca. 25.000 $. Hvis det viser sig, at der er flere, som er interesseret i det samme navn, vil det blive afgjort ved en auktion, hvem der vil blive indehaver af det. ICANN forventer at få ca. 500 ansøgninger, og de regner med, at de nye gTLD´er kommer til verden i løbet af 2012 og 2013.
ICANN´s metode til frigivelse er blevet meget kritiseret , da den lægger op til, at retten går til den, der er villig til at betale mest for det. Til sammenligning benyttede man en nogen anden procedure tilbage i 2005, da EU-domænet blevet frigivet. Her skete det igennem en flere måneder lang proces, hvor private og virksomheder kunne ansøge om et domænenavn og forklare tilknytningen hertil. ICANN er ifølge deres vedtægter en non-profit organisation og det er på nuværende tidspunkt uklart, hvad de mange penge, som de må forventes at komme til at tjene på frigivelsen, skal bruges til.
Varemærkeindehavere bør være opmærksom på at få beskyttet deres varemærke bedst muligt, så man ikke risikerer, at ens varemærke pludselig bliver brugt som gTLD. Det forlyder fra ICANN, at der vil blive stillet forskellige muligheder til rådighed for at beskytte varemærker bl.a. et såkaldt ”Trademark Clearing House”, hvor varemærkeindehavere kan registrere deres varemærker og potentielt blokere for registrering af de nye gTLD´er. Hvorledes det nærmere kommer til at foregå, og hvornår dette Trademark Clearing houses kommer op og køre vides endnu ikke. Det kan dog forventes, at dette nye tiltag åbner op for et rent mareridt for virksomheder, der gerne vil beskytte deres navn på internettet, og det vil være afgørende at følge med i, hvorledes ICANN påtænker at beskytte varemærkeindehaver i denne forbindelse.
JUHL IP & Contract Consulting vil løbende informere om udviklingen, og hvorledes varemærkeindehavere bør forholde sig frem mod 2012. Hvis der ønskes yderligere oplysningen om de kommende gTLD´er eller domænenavne generelt kan JUHL IP & Contract Consulting kontaktes på http://www.juhlconsulting.dk/
fredag den 17. juni 2011
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