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Intellectual Property News EUROPEAN TRANSLATION COSTS REDUCED - February 2008 The cost of bringing European patents into force will be significantly reduced from 1 May 2008, when national translation requirements will be abolished in a number of countries. Following grant of a patent under the European Patent Convention (EPC) it will no longer be necessary to file a translation in any country in which the national language is English, French or German. Countries having a different national language (e.g. Sweden) can designate one of the three main languages for filing the translation, but a translation of the Claims must still be filed in the national language. NORWAY JOINS EPC - January 2008 European (EPC) patent applications filed from 1 January 2008 can now include Norway. Although Norway is not a member of the European Union it is still a significant country, and the option of obtaining patents via the European Patent Convention will be seen as a very welcome development. It should be noted that European applications filed before 1 January will not cover Norway. Furthermore, if Norway is designated in a PCT application filed before 1 January a Norwegian patent can still only be obtained via the national route. UK TRADE MARK EXAMINATION TO CHANGE - July 2007 On 1 October 2007 the basis of trade mark examination in the UK will undergo a significant change. At present the Trade Marks Registry objects to a new trade mark if a confusingly similar mark already exists, but under the new system the Office will no longer raise any objection. It will be up to the proprietors of existing marks to oppose new applications which appear to conflict. [more details to come] THE PATENT OFFICE IS NO MORE - April 2007
The activities of The Patent Office have always covered other areas of intellectual property through the work of The Trade Marks Registry and The Designs Registry, and nobody can argue with the logic of operating under a more accurate umbrella title. Nevertheless, the official designation no longer reflects the main activity of the Office, namely the granting of patents, and in a reorganisation which was widely publicised as being motivated by a desire to "avoid confusion" some might think it curious that the Office chose to abolish the old name altogether. The new name doesn't roll off the tongue in the same way as the old title, and if only for reasons of brevity, it seems likely that users will continue to refer to it unofficially as The Patent Office for some time to come. EU COMMISSION DROPS "PETTY PATENT" PROPOSAL - November 2005 The EU Commission has finally abandoned its plan for an EU utility model. The proposal has been blocked by the Council of Ministers since it was approved by the European Parliament in 1999. COMMUNITY DESIGN COMMENCES - April 2003 The examination and registration of Community Designs commenced at the beginning of April 2003. It is now possible to obtain a single design registration covering the whole of the European Union (EU) at a relatively low cost. To find out more follow the "EU Designs" link on the left. SUCCESS FOR CRASKE & Co. IN NATIONAL PATENT DISPUTE - December 2002 Craske & Co. has won a significant victory in a national patent dispute involving the Home Office. Read more details. STAMP DUTY ABOLISHED - 21 March 2000 The payment of stamp duty on intellectual property transfers made after 28 March 2000 has been abolished in the Budget. This is welcome news for patentees (and their professional representatives). The fact that transfers previously attracted stamp duty similar to house sales was often overlooked, resulting in considerable headaches and delays, not to mention a potential liability for non-payment penalties. REGISTERED DESIGN SEARCH ABOLISHED - 19 August 1999 The UK Designs Registry no longer conducts a novelty search for new design applications. For some time the Registry has only rejected designs if they are virtually identical to an existing registration. It is now more important than ever to conduct a search before filing a design application. GOVERNMENT ANNOUNCES SUPPORT FOR INNOVATION - 9 March 1999 (updated 25 March 1999) In his budget speech the Chancellor announced increased Government assistance for companies undertaking research and development. Preliminary details indicate that the assistance will be by way of tax relief for "direct labour costs and consumables". This suggests that patent costs may NOT be eligible for relief. UK OFFICIAL FEES REDUCED - 12 August 1998 Certain Official fees will be reduced from 1 October 1998. For patent owners the most significant reductions are probably in maintenance fees. The first fee (for the fifth year of the patent) has been reduced by £60 and fees for the remaining years fall by between £20 and £50. Trade mark and Design fees have also been reduced. There is a substantial reduction in renewal fee for multiple class trade marks (£50 for the first class and £150 for EACH additional class). ROLLS ROYCE TRADE MARK - 28 July 1998 BMW has reportedly paid £40m for the Rolls Royce trade marks. Volkswagen had previously purchased the Rolls Royce business WITHOUT the famous trade marks. This results in the curious situation that VW can manufacture the distinctive cars but they cannot sell them under the Rolls Royce badge, whereas BMW have the trade marks without the famous cars. It will be interesting to see how both businesses develop. UK COURTS DECIDE AGAINST TRAFFICKING IN DOMAIN NAMES - 10 July 1998 A large UK store brought action in the High Court against a company which registered the names of famous businesses as domain names and then offered to sell them at a high price. Granting an injunction against the defendants, the Court decided that the action amounted to trade mark infringement. The decision also clarifies the definition of trade mark infringement since it confirms that use of a mark "in the course of trade" is broader than simply using a mark to sell goods or services. Have you registered your business name as a trade mark? THE EUROPEAN DESIGNS DIRECTIVE - 19 March 1998 Renewed moves are being made to harmonise design legislation throughout the EU. It is likely that the level of eye appeal presently required in the UK will be relaxed. In addition, the present UK position that spare parts (e.g. car body panels) do not constitute registrable articles in their own right, is likely to be changed. However, there is a controversial clause that people will be permitted to supply components intended to keep a larger article in good repair, and since this looked like hindering the legislation there is a proposal that member states will be able to opt out of this provision. UK TO GET "PETTY PATENTS" - 11 February 1998 On 16 December 1997 the EU Commission adopted a proposal which could result in utility model protection being available in the UK by the end of 1999. This should provide a cheaper way of protecting mechanical devices, although utility model protection will not be available for processes, or chemical or biological materials. As with standard patents, there will be a requirement for worldwide novelty, but a lower level of inventiveness will suffice. The device will merely require a practical advantage over existing products. There will be no compulsory examination for validity, and although this might sound attractive it will inevitably result in many invalid registrations. We believe that an official novelty search should be a minimum requirement to ensure that utility models gain respect. The term of protection will be for six years, renewable for two further two-year terms. EPC AND PCT FEES REDUCED FOR UK APPLICANTS - January 1998 From the beginning of 1998, many of the fees for European Patent Convention and International (PCT) patent applications have been reduced. This comes on top of a reduction in the European application fees during 1997, with postponement of the designation fees until after publication of the search report. © Craske & Co., 1998 - 2008
Last updated: 03 February 2008 |
The name of The Patent Office is known and respected throughout the
world, but on 2 April 2007 The Patent Office officially ceased to
exist. The organisation now operates under the slick and catchy
title of the "UK Intellectual Property Office".