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Absence of Common Patent filing system in EU causes stear among the members and affected SMEs worst August 22, 2008

Posted by mais in EU, IP Systems, IPR Laws.
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Since 1970, European Union (then European Community) is trying to gain consensus on  the common patent filing  system. Till now an applicant has to filed application in all member countries in their individual language, which involved translations a costly affair for SMEs. However a proposal to file patent applications in English, French or German or in the official tongue of the country in which a firm is based, has spurt new controversy as French and Spanish are stuck to include their language as official language for any such system. Read more from Ip-watch

Defending a patent infringement in court – take recourse of Reverse Doctrine of Equivalents July 11, 2007

Posted by mais in IPR Laws, Litigations, Patent, USA.
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Doctrine of Equivalents was set forth by US Supreme Court in 1950 to extent the protection of patent rights to a good patent holders beyond the literal meaning of the claims i.e. literal infringement. US Supreme Court also established Function-Way-Result test with the objective to ensure the fundamental fairness to it to all.

Reverse of the doctrine is also hold good, i.e. if the claim elements did not Function is the same Way to accomplish the same Result then there would not be actual infringement under the doctrine.

Till date, neither US Supreme Court nor Federal Circuit Courts of Appeal had reversed a finding of non-infringement based on reverse doctrine of equivalence.

read more from ipfrontlines authored by Jay Sandvos