WEBINAR & SEMINAR: Seizure of infringing goods & Unity of invention

Monday March 09 at 09:00, to Monday March 09 at 17:30

Morning session: Seizure of goods infringing an IP right

Our speakers provide insights about legal aspects, and share personal experiences of the practical aspects, of seizure of goods infringing an Intellectual Property Right in Europe, China, and Hong Kong. Listen to, and interact with, invited experts from Europe and Hong Kong and, by video-conference, China. The experts are from the Swedish Patent Office, PRV, from the Swedish Customs Authority, a Swedish Attorney at law and colleagues from abroad.

Afternoon session: Unity of invention - How to cope with different approaches in various jurisdictions?

Practitioners who draft and prosecute patent applications to be filed in various jurisdictions are aware of the fact that the laws and practices concerning unity of Invention vary considerably across jurisdictions. In Europe, a patent application must “relate to one invention only or to a group of inventions so linked as to form a single general inventive concept” (Art. 82, EPC) and the standard Is generally in line with Rule 13, PCT. There is also a further condition under Rule 43(2) EPC that a European patent application may contain only one independent claim in the same category, with a few, specific exceptions. In the US, on the other hand, there is a “Restriction Practice” which allows the patent applicant to include many different independent claims, possibly with partially overlapping scope, and also in different categories. It is up to the USPTO Examiner to permit or reject such independent claims. In Japan, there is still another practice of assessing unity of invention, as prescribed by the JPO and case law.

The consequence is that it is virtually impossible to use a single claim set to obtain an optimal scope of protection in these three jurisdictions, the US, Europe and Japan. The speakers will look at some examples and discuss practical ways to cope with the different approaches, at reasonable cost to the patent applicants.

See the general information and the detailed programs below. Welcome!

Seminar General

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