News

10th Edition of Nice Classification

Trademarks are used to distinguish goods and services of companies. The classification of goods and services is defined by the International treaty known as "Nice Classification" or "International Classification of Goods and Services". Every five years the Nice Classification is revised.

Leahy-Smith America Invents Act

On September 16, 2011 US-President Barack Obama signed the Leahy-Smith America Invents Act. Revisions to US patent law have been under discussion for a long time, and have now finally been enacted. Many changes will only come into effect in 2012/2013, for example the "first-to-invent" system that has been applied by the USA will be replaced by the "first-to-file" system that is more common throughout the world.

10th Edition of Nice Classification

Trademarks are used to distinguish goods and services of companies. The classification of goods and services is defined by the International treaty known as "Nice Classification" or "International Classification of Goods and Services". Every five years the Nice Classification is revised.

Leahy-Smith America Invents Act

On September 16, 2011 US-President Barack Obama signed the Leahy-Smith America Invents Act. Revisions to US patent law have been under discussion for a long time, and have now finally been enacted. Many changes will only come into effect in 2012/2013, for example the "first-to-invent" system that has been applied by the USA will be replaced by the "first-to-file" system that is more common throughout the world.

New EPO Jurisdiction re Second Medical Use Claims

The Enlarged Board of Appeal (EBA) of the European Patent Office EPO recently decided (G 2/08) on the conditions under which substances and compositions known as such are patentable if claimed for use in a novel and inventive medical treatment.

ElSA – Implementation of the electronic case file system for patent and utility models

On June 1, 2011 the German Patent and Trademark Office (GPTO) will introduce electronic case files for patent and utility models (ElSA/Pat GmbH). The aims of the new IT system and electronic case files are to accelerate processing of the applications and make things easier for applicants.

Issuance of Priority Documents - GPTO abolishes copy charges

Pursuant to the Notification of the President of the German Patent and Trademark Office (GPTO) dated April 28, 2011, starting from June 1, 2011 the copy charge per page currently collected when a copy of the priority document is requested will be abolished.

Revision of Trademark Guidelines in Switzerland

The Swiss Federal Institute of Intellectual Property has revised its Trademark Guidelines as per January 1, 2011 due to the recent jurisdiction. In particular, the discontinuation of the signature requirement as well as the introduction of a legally binding e-filing have been taken into consideration. The revised guidelines apply for all pending applications.

Additional data entry in the European Patent Register

On December 9, 2010 the President of the European Patent Office decided that the date of the first substantial office action is to be made public in the European Patent Register and Register Plus. This date is

Exemption to the duty to file search results regarding foreign priority applications under Rule 141(2) EPC

On December 9, 2010 the President of the European Patent Office decided that upon filing a European patent application it is not necessary to submit earlier search results regarding the priority claim of a Japanese, a UK or US patent application. However, the duty to file earlier search results regarding other priority claims is maintained. The Decision entered into force on January 1, 2011.

EPC Amendments coming into force on April 1, 2010

The Administrative Council of the European Patent Organization has decided to further amend the EPC Implementing Regulations. These amendments will come into force on April 1, 2010 and the most remarkable amendments are the following:

Accession to the EPC by Albania (AL)

Albania acceded to the EPC on February 11, 2010.

For Albania, the EPC will enter into force on May 1, 2010. Any International applications filed on or after May 1, 2010 will automatically include the designation of Albania for the purpose of obtaining a European patent.

The European Patent Organisation now comprises 37 member states.

From July 1, 2010 on, it will be possible to conduct Opposition Proceedings in trademark cases in Austria

Amendments to the Austrian Trademark Protection Act 1970 (Art. 29a to 29c) allow for opposition proceedings. These opposition proceedings should strengthen the rights of registered trademark owners and should facilitate enforcement of a trademark. The new law will enter into force on July 1, 2010.

Accession to the Geneva Act 1999 by Germany

The Federal Republic of Germany acceded to the 1999 Act (Geneva) of the Hague Agreement concerning the International Registration of industrial designs on November 13, 2009. The maximum duration of protection for industrial designs will be 25 years.

Co-operation between WIPO and OHIM on Trademark Classification

On December 3, 2009 the President of the OHIM (Office for Harmonization in the Internal Market (Trade Marks and Designs)) and the Director General of the WIPO (World Intellectual Property Organization) signed an Agreement concerning trademark classifications.

PCT Fees - Establishment of new Equivalent Amounts

The International Bureau has amended the equivalent amounts in Euro, as from January 1, 2010 the following fees will be charged:

International filing fee: 132,00 €

Reductions (under the Schedule of Fees, item 4):

- Electronic filing (the request being in character coded format) 132,00 €
- Electronic filing (in character coded format) 198,00 €

Handling fee: 132,00 €

All other fees remain unchanged.

Federal Patent Court in Switzerland

On January 1, 2011 a new Swiss Code of Civil Procedure comes into force establishing a Federal Patent Court. At the beginning of 2010 judges for the new Federal Patent Court will be elected.

The institutional and organisational provisions of the new Patent Court Act take effect on March 1, 2010, however, the new Federal Patent Court does not start hearing cases until 2011.

Accession to the PCT by Thailand

Thailand acceded to the PCT in September 2009.

For Thailand, the PCT entered into force on December 24, 2009. Thailand is now bound by the PCT, thus, any International Application filed now automatically includes the designation of Thailand.

The PCT now comprises 142 member states.

One- and two-letter domains and domain names with numerals are now allowable for registration in Germany (.de)

The German Network Information Center (DENIC) amended its domain guidelines insofar as in future one- and two-letter domains are allowable for registration. In doing so, DENIC has abolished restrictions for second-level-domain registrations to a large extent. For example, "ab.de" or "z.de" are now registrable.

The registration procedure for such new domains starts on October 23, 2009, 9 am CEST, and registrations are handled according to the principle "first come, first serve".