Category Archives: Patent Law

Patent Protection in Ireland: The Short-Term Patent, the Evidence-of-Novelty Trap, and a Back Door for PCT Applications

Ireland has no utility model. Instead, it offers two national patents side by side: a full-term patent with a maximum term of 20 years and a short-term patent with a maximum term of 10 years. The short-term patent is granted … Continue reading →

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How many make a plurality? The interpretation of “Vielzahl”, “plurality” and “複数” in Europe, the US and Japan

“Plurality” is one of the most common words in patent claims. German claims say “Vielzahl”, Japanese claims “複数” (fukusū). Yet infringement proceedings keep returning to the same question: how many elements make a plurality? Are two enough, must there be … Continue reading →

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End of month, anniversary, or something else entirely? Due dates for national renewal fees across the EPC states

As long as the European application is pending before the EPO, a single clear rule applies. On grant, that clarity fragments into 39 national regimes — and they diverge on precisely the point most easily overlooked in docketing: the due … Continue reading →

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The “Black Hole”: Why the German Priority Document Remains a Legal Risk at the EPO

Anyone filing a European patent application that claims a German priority must supply the priority document — yet receives no confirmation from the EPO that it has arrived and been accepted. Since the DPMA joined WIPO DAS there has been … Continue reading →

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Pressure to Register and Open Data Floodgates: WIPO’s Questionable Communication Practice

Anyone filing an international patent application (PCT) today is soon pushed to register in WIPO’s system – and finds their inbox filling up with dubious payment demands. Neither is a coincidence; both are the result of a policy that consistently … Continue reading →

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Patent Protection in the Netherlands: The Registration Patent, the PCT Gap, and a Reform on the Horizon

The Netherlands occupies a special position in European patent law that many applicants only discover once they actually have to work with it: a Dutch national patent is, to this day, granted without any substantive examination of novelty or inventive … Continue reading →

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Can Relevant Prior Art Be “Hidden” Behind the Closest Prior Art?

Under EPC patent law, can more relevant — in particular, technically closer — prior art be “hidden” by instead relying on a different document with a similar purpose as the closest prior art (CPA)? The question is sharpened by the … Continue reading →

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The Quiet Cost Creep: How the EPO Has Multiplied Its Fees, Step by Step, in Recent Years

When the European Patent Office (EPO) announces a fee increase, the headline number is usually reassuring: “an average of 4%”, “around 5%”. These percentages are technically correct — and still misleading. They describe the mean across a fee schedule with … Continue reading →

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When the Description Reads Along: G 1/24, AI-Assisted Drafting, and the Firm’s New Liability Risk

For decades, the description was the quiet part of a patent application. The music played in the claims; the description supplied background, embodiments, and fallback positions. As long as the claims were clear on their own, the exact wording of … Continue reading →

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No Property, No Innovation: Why Socialist Patent Systems Forfeit Prosperity – The USSR, the GDR and Cuba

A patent grants its holder the right to exclude others from using an invention. At first glance this looks anti-social — yet it is one of the most effective engines of prosperity that modern economies possess. It turns an idea … Continue reading →

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