CIPA JOURNAL Incorporating the transactions of the Chartered Institute of Patent Attorneys
January-February 2017 / Volume 46 / Number 1-2
What happens next? Charting a course to make the UPC a success
The Chartered Institute of Patent Attorneys
Cost control in IPEC – Part 36 offers Andrew Clay
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Appeals in IP litigation in England & Wales and Germany
US update: AIA; quality patents; double patenting Finnegan
CPD reports: Life Sciences; Unified Patent Court
The not-so-secret diary of a CIPA President Andrea Brewster
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CIPA JOURNAL
CIPA CONTACTS
Editor Editorial Panel
Alasdair Poore David Barron, Paul Cole, Kristina Cornish, Tibor Gold, Alan White Publications Committee William Jones (Chairman) Production Iain Ross, 020 3289 6445 and advertising (iain@ross-limbe.co.uk) Design Neil Lampert Cover design Jonathan Briggs Contact editor@cipa.org.uk Published on behalf of CIPA by Ross-Limbe Communications. The Institute as a body is not responsible either for the statements made, or for the opinions expressed in this Journal. No papers read before the Institute or extracts from its Proceedings may be published without the express permission of the Council and without the simultaneous acknowledgement of their source. CIPA Journal is sent to all members of the Institute as part of the benefits of membership. It is also available on subscription at £130 per annum (plus postage for overseas addresses: Europe £35, Other £70). Individual copies may be purchased at £14 (plus postage for overseas addresses: Europe £4, Other £6). The Editor welcomes the submission of articles, news and correspondence for possible publications including photographs, tables, charts, etc, when appropriate, and any contributions should be sent by email to editor@cipa.org.uk. Iain Ross (iain@ross-limbe.co.uk) will be pleased to discuss any queries regarding submissions and advertising. Copyright in material submitted for publication Material submitted to the CIPA Journal will be accepted for publication on condition that the author, or each of them, grants the Chartered Institute a non-exclusive licence to publish the material: i. in paper form first; and ii. after paper publication, also on its website www.cipa.org.uk, in the members’ area with the ability for members to download them. When sending material, the author(s) should confirm acceptance of this condition and also that the submission is free of any third party rights or other encumbrances. Past contributors The Institute is in the process of putting on its website past articles not covered by an express agreement as set out above. Any contributor wishing to object to their work being treated in this way should write to the editor at editor@cipa.org.uk. Editorial deadline dates for receiving submissions are on the 10th of the preceding month. Please contact editor@cipa.org.uk to discuss any ideas for articles or submissions.
Tony Rollins President
Stephen Jones Vice-President
Andrea Brewster Immediate Past-President
Chris Mercer Honorary Secretary
Committee Chairs Administrators Vicky Maynard; Business Practice (joint with ITMA) Matt Dixon; Computer Technology Simon Davies; Congress Steering John Brown; Constitutional Alasdair Poore; Designs and Copyright David Musker; Education and Professional Standards Simone Ferrara; Exploitation Catriona Hammer; Informals Harry Muttock; Internal Governance Bobby Mukherjee; International Liaison Richard Mair; Life Sciences Simon Wright; Litigation Vicki Salmon; PEB Rob Taylor; Patents Tim Jackson; Protected Titles Lee Davies; Media and Public Relations Jerry Bridge-Butler; Regulatory Affairs Chris Mercer; Textbooks & publications Bill Jones; Trade Marks Keith Howick. Membership Team Leader: Dwaine Hamilton Events Coordinators: Kirsty Burls; Johanna Lynch Membership and Events Coordinator: Charlotte Russell Membership Finance Coordinator: Frances Bleach Chief Executive Lee Davies Executive Assistant Gary McFly Head of Media and Public Affairs Neil Lampert Communications Officer Isabelle Wilton Policy Officer Rebecca Gulbul Head of Education Georgina Sear Education Projects Co-ordinator: Angelina Smith Finance Manager Spurgeon Manuel Finance Administrator Andrew Hewitt General enquiries: 020 7405 9450; mail@cipa.org.uk; www.cipa.org.uk
© The Chartered Institute of Patent Attorneys 2017 ISSN: 0306-0314
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Contents 16-25 26
14
UP FRONT
ARTICLES
EDUCATION
2
11
44
UPC – Past, Present and Future
46 47
Institute events Life Sciences Conference
Editorial
Tony Rollins 3
Chief Executive Report
Andrew Clay 14
Lee Davies 3
Council Minutes
Cost control in IPEC UPC – UK ratification
Alan Johnson 16
Lee Davies
Alexis Harper
Jonathan Myers
AIA health check
Finnegan 19
Quality Patents
Finnegan
PERSONAL
NEWS
22
Double Patenting
6
UPC ratification by the UK
26
Litigation appeals
49 49
7
International Liaison Committee – Asia 2016
Andrew Bowler, Emma Muncey, Georg Rauh
50
Finnegan Vicki Salmon
Richard Mair 8
CIPA in Japan CIPA in the US
DECISIONS 29
Tony Rollins 9
32
IPO press release
34
Overseas Report
31
EQEs
Amanda R. Gladwin
The not-so-secret diary
52
New year message
53
Going Remote
Alasdair Poore Heather Lane
Patent decisions
Beck Greener
UK signals green light to UPC Agreement
10
Ben Charig Andrea Brewster
Tony Rollins 9
Announcements Informals: “Thank You”
54
Obituary
IPO decisions
Barker Brettell EPO decisions
THE PINKS
Bristows 37
Trade marks and other IP
Bird & Bird
55 57
Courses and events Recruitment
Registration of professional training and activities
Volume 46, number 1-2
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JANUARY-FEBRUARY 2017
CIPA JOURNAL
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