The Unified Patent Court and the Unitiary Patent come alive
In a sweeping change to the patent system of Europe, legislation regarding the Unified patent court (UPC) and the unitary patent enters into force following ratification by Germany on 17/2 – 2023. This is the most profound change to patent law in Europe in a very long time. This will have major implications for patent enforcement in many European countries. In particular claims regarding patent infringement in several countries may be brought in one single court action before the UPC. The “unitary patent” is a single patent right that is valid in several European Countries. The UPC will have jurisdiction not only over unitary patents but also over granted “classic” European Patents. However, there is possibly to opt out “classic” European Patents from the jurisdiction of the UPC. The Noréns patent team is ready to assist you in matters regarding the UPC and the unitary patent.
This new legislation enables new strategies for patentees but also increases the complexity of the patent system in Europe, while it is also a giant step towards a harmonized patent legislation in Europe.
Opt-out from the unitary patent court?
The patent system of Europe will be transformed trough the Unitary Patent Court, a central court for patent infringement. Granted European Patents will be under the jurisdiction of the Unitary Patent Court as soon as Germany ratifies an international agreement which will likely occur late 2022 or early 2023.
Patent assignees have the option to opt out patents from the jurisdiction of the Unitary Patent Court, and it is advisable to do so in many cases, and to do it as soon as possible after ratification. Noréns monitors the ratification process closely and support clients that want to opt-outs patents.
Leo Milenkovic joins Noréns
Noréns continues to develop our trademark practice by recruiting Leo Milenkovic. Leo has a law degree from Stockholm University and a master in European IP law. He has many years’ experience of advising in international trademark strategies.
Noréns welcomes Fredrik Möllborn
Noréns is proud to welcome Fredrik Möllborn to our team of patent attorneys.
Fredrik is a registered U.S. patent agent and has many years of experience in drafting and prosecuting patent applications, primarily in the United States. Fredrik has a Master’s Degree in Engineering Physics from Lund Institute of Technology and has until recently provided his services through his own company, based in Boulder, Colorado. He also has experience from working in national and local law firms in Sweden and the U.S., as well as lab experience from Stanford University Medical School. Fredrik’s main technology areas include software, communications, and medical technology, and he is authorized to file patent and design applications directly with the United States Patent and Trademark Office (USPTO).
Noréns assists Stocklyn Venture LLC and Fleks 3D in resolving patent dispute
Stocklyn Venture LLC, New York, has developed a proprietary and patented technology for build plates used for 3D-printing marketed under the brand FLEKS 3D. Noréns has assisted Stocklyn in prosecuting the European patent application to grant; and furthermore handled an opposition against the patent filed by a third party. Following license negotiations between Stocklyn Inc. and the opponent, where Stocklyn were represented and advised by Noréns, a license agreement was concluded between the parties. The license agreement stipulates that the third party will pay a license fee to Stocklyn and withdraw the opposition. This is an example of how the broad knowledge regarding patents and licensing of Noréns can benefit our clients.
Noréns welcomes Sofia Eriksson
Noréns are proud to welcome Sofia Eriksson.
Sofia has a Master of Laws from Uppsala University and several years of practice in the field of intellectual property. Sofia has a professional background that also includes experience as a Legal Officer at the Swedish Patent and Registration Office and several management positions in business development and digitalization. Sofia is an authorized European Trademark and Design attorney.
Combolt signs patent license agreement with Villeroy & Boch
Combolt AB has entered into a patent license agreement with Villeroy & Boch för the manufacturing of Combolts patented fast attachment bolt. Combolts patented solution will make it easier to install plumbing and will be used in Villeroy and Bochs’ fixture products.
Congratulations to Climate Recovery who won a nice sustainability award in Denmark
IAM Patent 1000 praises Noréns
The leading consultancy ranking IAM1000 ranks Noréns as recommended for patent prosecution in its 2020 rankings and writes: “Tight-knit boutique Noréns punches above its weight and is the perfect springboard for start-ups keen to capitalise on their investments, boost their portfolios and make it big on the market”. More information can be found here: https://www.iam-media.com/directories/patent1000/rankings/sweden
Further UPC delay
The German constitutional court has today handed down a judgement with the effect that the German ratification of the Unified Patent Court (UPC) treaty is invalid. This will further delay the new European patent. It will still be possible to obtain a patent trough the European patent office, in the same way as before.
What happens with your intellectual propery rights when United Kingdom leaves the EU?
In accordance with the Withdrawal Agreement concluded between representatives of the EU and the UK on January 24, the UK will leave the EU as from 1 February 2020.
After January 31, 2020 there will be a transitional period until December 31, 2020 where the parties are negotiating about a new trade agreement. During this period, EU law still applies in the UK, and your intellectual property rights are not affected. If the parties have not agreed on a new agreement, on January 31, 2021, it will be the day of what is called a “hard Brexit”, i.e. exit without any bilateral trade agreement.
The UK has stated that registered European design and trademark rights will be transformed into national rights in the UK even in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.
The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.
Noréns monitors the development and can assist with advice on these issues.
Swedish Patent Office will cease to send patent letters
Beginning in 2019, the Swedish Patent Office (SPO) will cease to send out physical patent letters. SPO referst to the publication of the patent on their web site.
A printed patent letter can still be ordered from PRV, and Noréns will order such letters for our clients.
New Swedish Trademark Legislation
In the beginning of 2019, the new Swedish trademark law will be modernized and adapted to the EU.
One important news is that the requirement for graphical reproduction is removed. It will therefore be possible for The Swedish Patent and Registration Office to register trademarks such as motion picture marks, audio trademarks with audio files and multimedia trademarks.
Another change is that any holder who receives an opposition against a newly registered trademark may request that the opponent present proof of use.
If you have questions or wish to discuss the new Swedish Trademark Act, please feel free to contact us!
Karolina Hedberg Strömbäck T +46 (0) 8 545 874 00 firstname.lastname@example.org
We are very happy to welcome Gunnar Hjalt to the firm. Gunnar will take the role as head of the trademark department at Noréns.
Noréns are very happy to velcome Stefan Lautmann to the firm. Stefan will take the role as head of patents and also support clients in patent strategy work.
Shortened time for national phase entry in Canada
Canada amends its patent law the 30 October 2019 and PCT applications filed on that day and later have to be filed within the 30-month time limit from the priority date. To be able to file late, in case of failure to meet the 30-month time limit, evidence showing that the failure was “unintentional” is required. PCT applications filed before the amendment of the law may still be filed within 42 months with an additional fee.
What if there is a hard Brexit – what about to your intellectual property rights?
There is currently uncertainty about how and when the UK will leave the EU. If there will be a soft Brexit, many intellectual property issues are dealt with in a predictable way in an agreement between the EU and the UK.
However, a hard Brexit – and the risk for this it has increased lately – may have important implications for your intellectual property strategy in the short term. First and foremost, EU trademarks and EU designs will be affected, while patents are not affected in the same way. The existing European cooperation on patents (EPO) is not regulated by EU law and is therefore not affected by Brexit.
The UK has stated that granted EU trademarks and EU design (so-called RCDs) will be transformed into national rights in the event of a hard Brexit. Special rules may apply to applications submitted but not granted at the time of Brexit.
Noréns monitors the development and can assist with advice on these issues. March 26, 2019