Archive | 2013, January | (4) posts

New DK Patent Prosecution Highway-agreement

 New Patent Prosecution Highway agreement between the DKPTO and China’s SIPO

Since the beginning of 2013 a new PPH agreement enables Danish patent applicants to obtain a patent in China in a faster and more cost-effective way.

On 1 January 2013 a PPH agreement on a pilot project basis came into effect between the Danish Patent and Trademark Office and the Chinese State Intellectual Property Office, enabling patent applicants who have obtained a decision to grant from the DKPTO to request accelerated proceedings at the SIPO.

The number of PPH agreements in which the DKPTO takes part now totals 7, the other PPH agreements being with the patent offices of Canada, USA, Russia, Japan, South Korea and Israel.

Furthermore, it is worth mentioning that the final months of 2012 also saw the Czech and Colombian patent offices entering the PPH network, both signing agreements with the USPTO.

As always, we shall endeavour to keep our readers updated on further developments. 

Link to the DKPTO-SIPO PPH-agreement

Troels Peter Rørdam, European Patent Attorney & Certified Danish Patent Agent

 

Playing with Trademarks – Watch Out

If you ask us, we will say that you shall register your trademark as you use it and use your trademark as you have registered it. However, as times goes by you may prefer to play a little with your trademark and to make minor changes without filing a new application. You may for example prefer to delete the vowels or to use the trademark as a verb. From a marketing perspective this may be a good idea. It provides attention to the trademark and hopefully the trademark is top of mind in your market segment.

From a legal perspective, the idea may not be so brilliant. What is the risk? Well, first of all you may risk having no protection for the trademark you spent money on marketing. In most countries, someone else may therefore register “your” trademark without vowels or the other changes as soon as you have spent money on marketing and leaving you with limited chances to stop this – simply because you have no trademark rights to the trademark you have used. The assumption most certainly is that this was not the intention.

Another problem may be that the use-requirement may not be proven fulfilled if you have not used the trademark as it is registered. Case law differs on this point and some authorities accept use of a trademark in a form slightly different from the registered trademark, but most authorities are very strict when evaluating whether the use requirement is fulfilled. In other words, your registered trademark may be vulnerable. The safe side is to use the trademark as registered. If you wish to use the trademark for example without vowels, the recommendation is to register this as a new trademark.  

A variation is to bend the trademark. This often happens when consumers have no other obvious (enough) word for an action. An example is “to google” something. GOOGLE is a trademark and should not be bend when used. Most trademark owners put a lot of effort in finding other words for the relevant actions and to make people use this instead. The reason is that the trademark will risk dilution if used as a verb and of course there is only little mercy if the owners themselves use the trademark as a verb.

Playing with a trademark requires that the trademark has a very strong position and that it is done only to a limited extent and next to normal use. So, dear reader, if you wish to play with your trademark, you must be very aware of the risks. Our advice is to register the trademark as you wish to use it and use the trademark as registered.

Henriette V. Rasch, Attorney at Law, Partner

A patent application for a trainee unit of patent knowledge

To: Awapatent IP Blog

Re: Patent Application

Background of the invention

Two periods of heavy patent theory have passed, and during that time we as trainees have gained a lot of insight into the world of patenting. If the patent world should be compared to another world, I would think that the world of quibblers would be quite suitable. Through the trainee program we have experienced how discussions might arise due to different wording in, for example, a patent claim, and how an outcome of an oral proceeding might be based on this. Therefore, the strength given to the patent by co-operating with co-workers, having different views on the various aspects, is of great importance.

Summary

Based on this, it is the objective of the present invention to provide an office, comprising at least three trainees, at least three desks, at least one chair, and maybe at least one (dead) plant, wherein said at least three trainees are placed at each of said at least three desks, where on each of said three desks a computer is attached, thereby forming a trainee unit of patent knowledge.

By this invention it is believed that a faster communication route and broader knowledge for the trainees is obtained, giving the best environment for learning, in that silly questions might be answered without disturbing other colleagues.

Submitted to the Awapatent IP Blog on 11 January 2013. Awaiting search report from the examiner.

Susanne Rytter Christoffersen, Associate

“There and back again” – a trainee’s tale

Time flies, three intense weeks of theoretical training went by very quickly. We have had the opportunity to learn more about trademarks, infringement and opposition. Analyzing claims from a different perspective – as when to file an opposition – was a very enlightening task. Arguing why a claim should not be valid instead of the opposite differed from what we were used to, and we made some mistakes apparently. We have had training sessions for claim and application drafting where we had many great and intriguing discussions with feedback from our tutors. A short visit to Copenhagen and the office there was very enjoyable, where we amongst other things learnt that Awapatent wrote Danish patent number 38 for Rudolf Diesel on the diesel engine. It became apparent to me that our business both has a long history and is at the cutting edge of technology.

By now all the trainees are back at their home offices; after the three weeks of theoretical training it is exciting to be back and try to apply everything we have learnt.

Linus Eklund, Associate