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US passes law to implement patent law treaties

The new law is intended to streamline patent application procedures and to enable US design patent applicants to obtain rights in multiple countries by filing a single, standardised application at the United States Patent and Trademark Office (USPTO). This simplified filing procedure is expected to reduce the cost to US inventors and businesses in other countries of obtaining design protection.

The Hague Treaty implementation will come into effect one year after enactment.

USPTO and EPO introduce Cooperative Patent Classification system

The CPC scheme, under development since October 2010, will enable patent applicants and examiners worldwide to search the same classified patent document collections. The scheme is expected to reduce duplication of work between the two offices and to "achieve greater harmonisation in the patent system at international level."

Israel hikes patent fees

The fee for filing a patent application has been revised from NIS 1025 to NIS 2000. However, companies or partnerships with an annual turnover of less than NIS 10 million and individuals are entitled to a 40 percent reduction in the fee for filing the first patent application for a particular invention.

The first and second renewal fees have gone up from NIS 157 and NIS 320, respectively, to NIS 800 and NIS 1600. The monthly extension fee has been raised from NIS 64 to NIS 200. The fees for expedited examinations and oppositions have also been increased.

The new fee structure comes into effect on 1 January 2013.

EU regulation defines jurisdiction of national courts in IP matters

In proceedings pertaining to the registration or validity of patents, trademarks, or designs, Article 24(4) of the Regulation provides for exclusive jurisdiction to courts of the member state in which registration has been applied for or has taken place or is deemed to have been taken place, irrespective of the domicile of the parties. Besides, courts of each member state will have jurisdiction in proceedings related to registration or validity of any European patent granted for that member state, without prejudice to the jurisdiction of the European Patent Office.

The IP-related provisions in the Regulation will come into effect on 10 January 2015.

USPTO releases patent term expiration date calculator

According to the USPTO, the calculator provides "a best estimate of a patent's expiration date, based on a comprehensive list of factors than can be found in USPTO records."

The calculator is available at

www.uspto.gov/patents/law/patent_term_calculator.jsp

Japan to act as ISA and IPEA for Singapore

Prior to this agreement, the JPO performs such activities for Korea, the Philippines, Thailand, and Vietnam.

UK introduces "superfast" patent grants

The additional fee to be paid for the premium service is yet to be fixed. As per the communiqué, the IPO also expects to provide faster processing of trademark applications in 2013.

US partners with Taiwan on permanent PPH

The programme is intended to speed up examination of patent applications by reducing workload and to improve patent quality. It will enable each office to use the results of work done by the other office. Under the programme, if any of the claims in a patent application is accepted by one office, the applicant can ask that the examination of corresponding claims be fast-tracked by the other participating office.

The permanent PPH programme started on 1 September 2012.

Leahy-Smith America Invents Act: US Senate passes amended version of bill amending America Invents Act

The amended version of the bill eliminates the controversial provisions relating to pending "pre-GATT" patent applications. Senator Patrick Leahy, however, said that the Senate should continue to focus on these applications, which have been pending before the United States Patent and Trademark Office (USPTO) for over 18 years, and that he would work closely with the USPTO to identify the cause of the delays.

Eurasian Patent Office hikes patent fees

While there is no change in the official fee for the first five claims, the fee for each additional claim is increased from EUR 60 to EUR 90. The substantive examination request fee for first invention remains unchanged; for the second invention, the fee is increased to EUR 500 and, for subsequent inventions, to EUR 250 per invention. The fees for patent term extensions and appeal against a decision of refusal have also been increased.

Leahy-Smith America Invents Act: US House passes revised bill amending AIA

On 29 December 2012, the US Senate passed an amended version of the bill, which eliminated the controversial provisions relating to pending "pre-GATT" patent applications.

On 1 January 2013, the House of Representatives passed the revised version of the bill. The bill will now become law after it is signed by President Obama.

Denmark and China partner on PPH/PCT-PPH

Under the PPH, receipt of an Office Action from either the DKPTO or SIPO stating that any of the claims in a patent application is patentable will entitle the applicant to ask the other participating office to fast-track its examination of the corresponding claim(s).

Under the PCT-PPH, if SIPO, in its capacity as an International Searching Authority (ISA) or an International Preliminary Examining Authority (IPEA), issues a written opinion or an international preliminary examination report stating that at least one claim in a PCT application is patentable, the applicant can request a fast-track examination of the corresponding claim(s) at the DKPTO.

USPTO invites comments on application drafting practices

The exercise aims to identify those practices that would facilitate examination and bring more certainty to the scope of issued patents, and the notice indicates the intention to issue a separate list of potential practices that the USTPO could employ to the same end.

The nine potential application drafting practices, which are listed in the section "Topics for Public Comment," relate to clarifying the scope of claims and the meaning of claim terms. Written comments must reach the USPTO on or before 15 March 2013.

Leahy-Smith America Invents Act: USPTO publishes final fee schedule

In February 2012, the USPTO published a Notice of Proposed Rulemaking (NPRM) seeking comment on a proposed fee schedule for its patent services. In light of comments received in response to this NPRM, the USPTO published a new NPRM in September 2012 seeking further public comment on a revised fee schedule.

In response to comments, the USPTO modified its proposed fees and, finally, on 18 January 2013, the USPTO published the final rules on patent fees. The new fees will become effective in stages from mid-March 2013 to 1 January 2014.

For details of specific fees, see

https://s3.amazonaws.com/public-inspection.federalregister.gov/2013-00819.pdf

Japan and Poland enter into PPH agreement

As with all PPH projects, under this programme, the JPO and PPO will share search and examination results to expedite processing of patent applications filed under the Paris Convention in their respective offices. In addition, under the PPH, an applicant who has received a positive written opinion or a positive international preliminary report in an application under the Patent Cooperation Treaty may request accelerated examination of its corresponding application to the JPO or PPO, as applicable.

The pilot PPH programme became operative as of 31 January 2013 and will run for three years from that date.

Leahy-Smith America Invents Act: Amendments to AIA become law

On 29 December 2012, the US Senate passed an amended version of the bill, which eliminated the controversial provisions relating to pending "pre-GATT" patent applications. On 1 January 2013, the House of Representatives passed the revised version of the bill, which was signed into law by President Obama on 14 January 2013.

In addition to the technical changes included in this amendment, the following changes have also been effected: "dead zones," where certain patents could not be challenged via post-grant review or inter partes review, have been eliminated; and clarification has been made (1) as to when the derivation proceeding can be instituted, (2) of certain patent term adjustment calculations, and (3) of the deadline for submission of the oath/declaration.

For additional information, see

http://www.gpo.gov/fdsys/pkg/BILLS-112hr6621enr/pdf/BILLS-112hr6621enr.pdf

TMview adds Irish and Polish marks to database

Prior to such inclusion, TMview provided access to trademarks held by OHIM and the World Intellectual Property Organization, as well as the patent and trademark offices of Austria, the Benelux countries, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Italy, Latvia, Lithuania, Malta, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom.

Now protection for person's personality in Guernsey

The new legislation, The Image Rights (Bailiwick of Guernsey) Ordinance, 2012, which came into force on 3 December 2012, allows any person in the world to register and protect any image associated with their personality. The entities that can register their personality include individuals, corporate entities, joint personalities, groups and fictional characters.

USPTO issues trademark examination guide on webpage specimens

An application for trademark registration requires the submission of a specimen to show the mark being used in commerce on or in connection with the goods identified in the application. The guide describes the elements of an acceptable webpage display associated with goods, explains the various grounds for refusal and provides examples of webpage display specimen.

For additional information, see

http://www.uspto.gov/trademarks/resources/Trademark_Exam_Guides.jsp

Saudi Arabia introduces changes to trademark legislation

Among other changes, under the amendments (1) trademark applications shall cover only one class of services or goods; (2) notice of approval will be given by the Trademark Office within 90 days as of its acceptance and published within 30 days on the website of the Saudi Ministry of Commerce and Industry; and (3) oppositions must be lodged within 90 days of publication.

The amendments will become effective upon publication in the Official Gazette.

2013 version of 10th edition of Nice Classification adopted

The 2013 version of the Nice Classification incorporates changes made to the 10th edition by the Committee of Experts of the Nice Union during its 22nd session, held in April 2012. The International Bureau of WIPO will use this new version of the 10th edition for classifying goods and services specified in trademark registration applications filed from 1 January 2013.

China opens trademark registration in retail and wholesale services

On 14 December 2012, following the adoption of the 2013 version of the 10th edition of the Nice Classification, the China Trademark Office (CTMO), through a notice, announced opening of trademark registration in medicine retail and wholesale services. As per the notice, "Retail and Distribution Service for pharmaceutical, veterinary, sanitary and medical goods" will be added in Class 35 of the Revision of 10th Edition of Goods and Services Classifications in China.

Fee change under Madrid Protocol for the United States

For an application or subsequent designation, 301 Swiss francs will be charged for one class of goods or services and the same amount will be charged for each additional class of goods or services.

For renewals, 370 Swiss francs will be charged for each class of goods or services.

Change in fees charged under the Madrid Protocol for Sweden

For an application or subsequent designation, 322 Swiss francs will be charged for one class of goods or services and 126 Swiss francs will be charged for each additional class.

The same fees will be charged for renewals.

Implementing regulations effected for Ethiopia's trademark law

The new law will bring in new rules related to the registration and enforcement of trade mark rights under which the protection term is seven years, which will be repeatedly renewable.

New trademark fees for the West Bank

The new fees, which became effective on 16 January 2013, affect the filing, publication, registration, renewal, recordal, opposition and cancellation of trademark applications.

Colombia reduces official trademark fees

Trademark application fees have been reduced by 90% and product and service mark application fees have been reduced by 40%.

Fees under Madrid Protocol for Mexico

For an application or subsequent designation, 193 Swiss francs will be charged for each class of goods or services.

For renewals, 204 Swiss francs will be charged for each class of goods or services.

Change in fees charged under the Madrid Protocol for Israel

For an application or subsequent designation, 386 Swiss francs will be charged for one class of goods or services and 290 Swiss francs will be charged for each additional class.

For renewals, 688 Swiss francs will be charged for one class of goods or services and 581 Swiss francs will be charged for each additional class.