Category Europe

KSR Decision May Impact EU Patent Process But Not Harmonisation

By Dugie Standeford for Intellectual Property Watch
While the direct impact of the recent landmark US Supreme Court decision in Teleflex v. KSR on patent law and practice will be felt only in the United States, the case could indirectly spark changes to European patent processes, experts said. Its focus on the troublesome question of when an invention is "obvious," however, means it probably will not help global efforts to harmonise national patent systems, they said.

Possible Qualcomm-Nokia Patent War Delayed Until August

By Tatum Anderson for Intellectual Property Watch
US technology firm Qualcomm this week raised the spectre that if Finnish mobile phone manufacturer Nokia does not comply with demands within four months, a long-running worldwide intellectual property dispute between the two companies could potentially escalate. But so far, Nokia has stated its position and shows no sign of moving.

For now, the expected patent war between Qualcomm and Nokia has been delayed. Industry observers had expected Qualcomm to bring a slew of costly suits against Nokia in April for allegedly infringing its extensive patent portfolio. A patent war would pitch two of the largest mobile technology companies in the world against each other, which could have an impact on worldwide consumers' access to mobile technology products.

WIPO PCT Reform Ends As Swiss Disclosure Proposal Suspended

By William New
Switzerland is known for its neutrality in many international forums, but when it comes to intellectual property rights, it generally has an opinion in favour, unsurprising given its high number of rights holders. Last week at the World Intellectual Property Organization, the government showed how it can make a move to favour IP rights in an international forum while retaining that special art of Swiss diplomacy.

The Working Group on Reform of the WIPO Patent Cooperation Treaty (PCT) held its ninth session from 23 to 26 April. The PCT, which allows recognition of a patent filed in one nation to be recognised in all PCT members, is an important contributor to WIPO’s finances through fees it charges.

At the meeting, Switzerland again prepared to put forward a proposal to amend the PCT regulations to "explicitly enable the national patent legislation" to require the declaration of the source of genetic resources and traditional knowledge in patent applications. This would leave it up to the national level to decide whether to make disclosure part of national law. It would allow that disclosure could take place at the national level or later during the international phase, said the proposal, PCT/R/WG/9/5.