Monthly Archives: April 2010

Does use of a Community trade mark in one Member State constitute genuine use ‘in the Community’?

Short answer: We don’t really know.  The matter has yet to be decided by the Court of Justice. Long Answer (in Ben’s view): No, because: 1. The preamble to the Council Regulation (EC) No 40/94 states that “legal conditions must … Continue reading

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Which legislation affecting trade marks is applicable in the United Kingdom?

Trade Marks Act 1994 (here) The Trade Mark Rules 2008 (2008 No. 1797) (here) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (here) Commission Regulation (EC) No 2868/95 of 13 December 1995 (as amended) … Continue reading

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Which countries are Member States of the European Union (EU)

Current Members of the EU Austira Belgium Bulgaria** Cyprus* Czech Republic* Denmark Estonia* Finland France Germany Greece Hungary* Ireland Italy Latvia* Lithuania* Luxembourg Malta* Netherlands Poland* Portugal Romania** Slovakia* Slovenia* Spain Sweden United Kingdom * Joined the EU in 2004 … Continue reading

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What are the advantages/disadvantages of accelerating a UK patent application?

Advantages: The negotiating power and PR value of a granted patent is obtained earlier You can enforce your patent rights sooner A financial backer may be more willing to support the invention You may have a better idea of the … Continue reading

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Is it possible to accelerate a UK patent application?

Yes, it is possible to fast-track UK patent applications if you can provide a plausible reason for the request, e.g. you are aware that a competitor is about to launch a similar product.  If the invention relates to ‘green’ or … Continue reading

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My invention is just a collection of known parts. Does that mean it is not new?

This is a question that I often hear from new clients.  The short answer is “No”; it emphatically does not.  Nor does it mean that the idea is unpatentable – the two are of course different questions. An invention is … Continue reading

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What is a patent?

A patent is a right granted by a government to an inventor (or inventors) in order to protect their inventions from being copied. If you’ve invented a new product, for example, a granted patent enables you to prevent competitors from … Continue reading

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What counts as disclosure?

Anything, virtually. Outside the US, the legal definition is “available to the public”.  This means any step which puts the information within reach of someone who is not under your control.  So selling an article on the open market allows … Continue reading

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When do I need to file my patent application?

There are three limiting factors. First, you must file it before you publish the idea yourself. Telling others in strict confidence is ok (provided that they abide by that agreement), but any other form of disclosure will potentially invalidate a … Continue reading

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When does patent protection commence?

The right to sue an infringer does not commence until a patent has been granted (which may be several years after it is filed).  However, publication of the application (about 18 months after it is filed) confers ‘provisional’ protection in … Continue reading

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