News

Podium – Tagworks Pharmaceuticals

In this section we give a stage to start-ups and scale-ups that develop groundbreaking products or services. This time: Tagworks Pharmaceuticals from Nijmegen.

Innovative idea? Enter the first NL Startup Competition and win €10,000 in prize money!

Groundbreaking ideas can change the world. Does your startup focus on social impact, energy transition, digital progress or solutions for the circular economy? Then enter the first ever NL Startup Competition and win € 10,000 prize money, valuable networking opportunities and new knowledge and inspiration. V.O. Patents & Trademarks is pleased to support this competition as sponsor and jury member.

RVO helps entrepreneurs do business

Entrepreneurs make the Netherlands economically stronger and society increasingly sustainable. The Netherlands Enterprise Agency (RVO) contributes to this by encouraging them to invest in solutions to societal challenges.

Secarna: leading in antisense oligonucleotides

With a growing product portfolio, Munich-based biotech company Secarna Pharmaceuticals focuses on developing so-called antisense oligonucleotide drugs, or ASOs. These drugs are used, for example, within immunoncology and in the treatment of inflammation and fibrosis. In addition, Secarna is working with partners to develop ASOs for numerous other medical applications.

Enforcement of intellectual property rights

You have invested considerable time, energy and expense in developing and protecting an invention, design, trademark or logo. At some point you discover that a third party enters the market with a method, product, design or trademark that appears to infringe on your intellectual property (IP) rights. The question is what action you can take.

Relaxation of rules for transfer of right of priority

The right of priority is the basis of international patent protection, allowing the applicant to continue the original patent application abroad within one year while maintaining the original filing date. In recent years, an increasing number of patents have been revoked in opposition proceedings at the European Patent Office (EPO) due to an invalid transfer of the right of priority.

Are experimental data needed for your patent application?

‘Should we carry out more experiments to substantiate the concept of our invention? Or will this take too much time, and will it give the competition an opportunity to file their application earlier?’ These are questions that many innovative companies face each time when a new patentable idea is conceived.

Podium – HelpSoq

In this section, we give a stage to start-ups and scale-ups developing pioneering products or services. What sets these companies apart and what are their ambitions? This time, we speak to Harpert Wouters, co-founder of HelpSoq.

Technical drawings

You have an invention and you want to protect it with a patent. Then you often need to provide a good technical drawing to clarify your invention. The draftsmen at V.O. can help you create a drawing that meets all the formal requirements set by patent offices, among others.

Leap helps high-tech companies to innovate

Technology companies need to act readily when it comes to applying - in a timely manner - for grants or funding for their innovations. Leap is an innovation consulting firm that specializes in grants, brokers funding and helps companies innovate. We spoke to Rob Luyben, business manager at Leap.

Litigation costs in Dutch courts

There is a special provision in the law for the award of legal costs in lawsuits concerning the enforcement of intellectual property rights (IP). However, the court has sufficient room in its judgment on the award of legal costs to take into account all the circumstances of the individual case. This is demonstrated by the judgment in the proceedings between Samsung Bioepis and Novartis (Court of The Hague 31 May 2023, ECLI:NL:RBDHA:2023:7492

Iconic brand Toblerone needs to change

Everyone knows them: the stackable Pringles chips, the glass bottle of Coca-Cola or the finger design of the Kit-Kat chocolate bar. Each of these are product and packaging forms with a design that has stuck in consumers' minds for years. While food products as such are not eligible for trademark and design protection, product and packaging forms are.

Successful completion of internal training

This summer ten trainees from V.O. successfully completed V.O.'s internal patent attorney training. In July, Vicky Andréka, Leen Beller, Raimondo Cau, Tamara Idema, Monika Jędrzejczyk, Martin Pekař, Matthijs Roelofs, Senne Plessers, Sara Tekavec and Lydia Schenk festively received their certificates.

Recommended by IAM Patent 1000 and in Financial Times

IAM Patent 1000 has honored our practices in the Netherlands, Belgium and Germany with a gold, silver and bronze recommendation, respectively. Furthermore, for the Netherlands, individual recommendations go to Leo Jessen, Hajo Kraak, Bernard Ledeboer, Otto Oudshoorn and Frits Schut. For Belgium Annemie Jaeken, Marco Molling and Annemie Swinnen are recommended, and for Germany Bettina Hermann and Jennifer Ebner von Eschenbach.

Student competitions on the upswing

The innovation competitions organized by a number of universities in the Netherlands are running at full speed. This year, the TU Delft Impact Contest (TU Delft), the WUR Challenge (Wageningen University & Research), the UT Challenge (University of Twente) and the TU/e Contest (TU Eindhoven have already taken place.

Hans Bottema strengthens the ranks at V.O.

As of 1 October, Hans Bottema has joined V.O. as a partner. Hans is a highly experienced European and Dutch patent attorney and European patent litigator. He has an impressive career in IP. He was a partner at NLO for more than 24 years.

Grünenthal successful in summary proceedings against Teva

In summary proceedings brought by Grünenthal against Teva regarding Grünenthal's European patent EP 1 457 208 on testosterone depot compositions, the Dutch court ruled in favor of Grünenthal on 3 October.

JUVE Patent gives V.O. five stars

On 28 September, JUVE Patent published the JUVE Patent Netherlands ranking 2023. A comprehensive ranking of all leading Dutch patent firms, patent attorneys and litigators, compiled after thorough research. Our firm is given a prominent position in this ranking.

Handbook on antibody patenting

After releasing the first edition of the book Antibody Patenting: A Practitioner's Guide to Drafting, Prosecution and Enforcement in August 2019, the second edition recently saw its publication. It is published by Wolters Kluwer as part of AIPPI's Law Series. It is edited by Jürgen Meier and Oswin Riddersbuch, both members of AIPPI's Biotechnology Committee.

Podium – LionVolt

In this section, we give a stage to start-ups, developing products or services that could prove groundbreaking in the future. What sets these companies apart and what are their ambitions? This time, we speak to Sandeep Unnikrishnan, co-founder of LionVolt.

Brands in the metaverse – Is action needed?

Metaverse is the term for activities in which people connect through virtual worlds rather than a traditional social network. They do so using virtual glasses, helmets and haptic gloves. Increasingly, brands are part of these virtual worlds. Then protection of those brands also comes into play.

Tools – Can ChatGPT advise on IP?

In the Tools section, V.O. experts review online tools for IE-aware innovators. In this edition, we look at ChatGPT, an experimen­tal AI-driven chatbot based on a so-called large language model. The tool has already received much attention for its ability to understand human prompts and generate all kinds of texts. Since texts play an important role in the world of IE, the question is what ChatGPT has to offer in that regard.

V.O. supports student competitions

As in past years, this year V.O. also supports the innovation competition that our country's four universities of technology enter into among themselves and with each other. Thus, the Eindhoven University of Technology organizes the TU/e Contest, Wageningen University & Research the WUR Challenge, University of Twente the UT Challenge and the Delft University of Technology the TU Delft Impact Contest. Recently, Erasmus University also joined in with the Erasmus University Challenge.

Tamara Idema European patent attorney

On 12 July, Tamara Idema was registered as a European patent attorney, after she passed the European Qualifying Examination (EQE) a few weeks earlier.

New talent is always welcome at V.O.

V.O. is constantly looking for suitable candidates to train as patent attorneys. With the recruitment campaign LOVE SCIENCE, THINK BUSINESS that can be seen on Instagram and LinkedIn, we entice students and recent graduates to visit our special campaign website. Here they get insight into the profession, the training program and trainees tell about their experiences at V.O.

Awarded by Managing IP

21 June marked the 18th annual awards ceremony hosted by Managing IP. This ceremony was traditionally held in London, in the presence of more than 500 guests. Prestigious awards in a wide range of IP service categories were given to a selection of renowned IP firms from Europe, the Middle East and Europe (EMEA).

Subsidy and funding opportunities for IP 

IP plays a crucial role in the development of innovative products and technologies. To stimulate companies with an active innovation policy, many subsidies and funding opportunities have been created, such as Horizon Europe, the SME Fund, Eurostars, the Innovatiebox, the RVO scheme Innovatiekrediet, KIEM and SBIR innovatie in opdracht. Below is a brief introduction.

Enlarged Board of Appeal rules on plausibility

The Enlarged Board of Appeal of the European Patent Office issued a ruling on "plausibility" on 23 March 2023. Peter de Lange, patent attorney at V.O.: "For practice, this is an important ruling, especially for pharma, life sciences and chemistry. In those fields, you always have to check whether the client has sufficient experimental data to support the invention in the application.

New European patent system launched

As of 1 June, the new European patent system is in force and the Unified Patent Court (UPC) finally opens its doors. This completes the preparations that had begun back in 1975 to create a truly European patent court.

The Legal Quick Scan - your documents in order

Within your organization, various legal documents circulate daily – from employment contract to license and NDA. But is your company's intellectual property contractually well regulated in these documents­? With the Legal Quick Scan we can assess this for you quickly and at a fixed rate.

Your European patent: file an opt-out or not?

When the unitary patent and the Unified Patent Court (UPC) come into force on June 1 this year, all European patents can be involved in enforcement proceedings before this new European Patent Court. This court will then decide enforcement measures and invalidity proceedings in all 17 EU countries at once.

The unitary patent is to become reality

Today, the German government deposited its instrument of ratification of the Agreement on a Unified Patent Court (UPCA) with the Council of the European Union.

What does the Unified Patent Court (UPC) mean for licensing?

The new unitary patent and related court (Unified Patent Court, UPC) is expected to go into effect on 1 June 2023. The new unitary patent and UPC rules directly affect existing and new license agreements. It is important to review your license agreements (or have them reviewed). We briefly list the most salient points of attention below.

Three new partners at V.O.

As of 1 January 2023, three new partners have joined V.O., namely patent attorneys Jetze Beeksma, Henri van Kalkeren and Martin Klok.

Participation in iGEM competition with cup that detects GHB

The annual IGEM (International Genetically Engineered Machine) competition allows students to tackle societal problems through synthetic biology.

Montenegro acceded as an EPC member state

New Meet the Expert location V.O. in Utrecht

As of 1 October, V.O. has added a sixth Meet the Expert location, and it is in the Hugo R. Kruyt Building on the Campus of Utrecht University. Meet the Expert locations are drop-in points located at the relevant knowledge centers where innovative SMEs and start-ups can get in touch with our IP experts for advice and practical tips.

What you need to know about UPC lawsuits

The Unified Patent Court (UPC) will soon be operational. This pan-European patent court is expected to open its doors in the first quarter of 2023. From then on, it will also be possible to validate European patents upon grant as a “unitary patent” with protection for 17 participating EU countries at the same time.

SPYKE develops cup that detects GHB

Innovations in the field of synthetic biology have many applications. For example, a TU-Delft student team, SPYKE, is working on an invention that can detect GHB drug in drinks. The team is doing this as part of the annual, international iGEM competition. V.O. is sponsoring this team: with advice and help with the patent application.

Bernard Ledeboer appointed as judge to the Unified Patent Court

On 19 October 2022, 85 judges were appointed to the Unified Patent Court (UPC). Starting 1 April 2023, this new court will decide on litigation procedures in both European patents and unitary patents, in 17 European countries. V.O. is pleased to announce that patent attorney and partner Bernard Ledeboer is appointed as part time technically qualified judge.

Recommended by JUVE Patent

In late September, V.O. received a 'recommendation' from JUVE Patent in the Patent Filing and Litigation: Patent Attorneys categories for the second year in a row. Mentioned as 'recommended individuals' are Jetze Beeksma, Marco Box, Leo Jessen, Martin Klok, Bernard Ledeboer and Otto Oudshoorn. Continue reading

Column – ‘Choose what you want to protect’

Registered as European Patent Attorneys

In July, no less than five associates of V.O. were registered as European patent attorneys, after having learned a few weeks earlier that they had all passed their EQE (European Qualifying Examination).

Continue reading

ISO25010 measures software quality

Birkenstock device mark doesn’t get a foot in the door

The German shoe brand Birkenstock is mainly known for their sandals having the unique, anatomically shaped insole. The company had registered the depiction of the pattern of the sole of their shoes as a Benelux device mark. An attempt to have it registered as an EU trademark as well, failed, however.

Continue reading

Smart watches and activity trackers

Apple Watch, Fitbit Charge, Samsung Galaxy Watch, Garmin Vivosmart, just to name but a few of the numerous smart watches and activity trackers that should help us live healthier lives. With their built-in sensors they measure and analyze our heart rate, how many calories we burn and our sleeping pattern.

Continue reading

Patent attorneys, indispensable in patent lawsuits

From time to time, patent lawsuits hit the newspaper headlines, usually when large multinationals are battling each other in many countries all over the world. Quite likely, you’ll have heard of the disputes between Samsung and Apple. Continue reading

Tax advantage for innovation in Belgium

Belgium has a few separate tax schemes that apply to acquired IP rights. For instance, the innovation allowance for innovation income. This means that 85% of the net income ensuing from IP rights is exempt from corporate income tax. Continue reading

Three times prize at MIP

During the Managing IP Award Ceremony that took place in London on 15 June, V.O. was presented with no less than three awards. Continue reading

Recommended in Financial Times

IP grants for small and medium-sized enterprises

Russia changes rules regarding foreign intellectual property

Fifth ‘Meet the Expert’ location on TU Eindhoven Business Campus

On 10 March, the new V.O. ‘Meet the Expert’ location was opened on the Eindhoven University of Technology (TU/e) campus. This additional location will make V.O. even more accessible to, among others, high tech entrepreneurs and organizations.

Continue reading

Coming soon: the Unified Patent Court and the unitary patent

Put your hands together for the Nobel Prize in Chemistry 2021 - How fundamental research can lead to new opportunities in innovation

First meeting of the Administrative Committee of the new European Patent Court

V.O. model quickly estimates patent value

Be prepared for the Unitary Patent (UP) and the Unified Patent Court (UPC) Sunrise

European trademark protection for “Oktoberfest”

Promotion Alexander van Loon

Individual accreditations by MIP

In V.O.’s lab: spotlight on the patent attorney

Events in the time of corona  

Third place for Vattenfall Solar Team

DigitalAlerts sees patenting as opportunity for product developers

Column – ‘Linking business and science accelerates innovations’

Chien-Shiung Wu: the woman at the basis of quantum technology (but who didn't get a Nobel Prize)

Highly rated by IP Stars 2021

COVID-19 update 10

Are sound trademarks subject to additional rules?

Patenting blockchain solutions

How can knowledge institutions and companies make the best use of their IP?

COVID-19 update 9

The Vattenfall Solar Team presents its new solar car

UPC resumed

The automobile

Phasing out of Australian innovation patent

Video conferences not in violation of European Patent Convention

Column – ‘Emerging from the crisis in an innovative way’

Recommended by IAM

Promotion Marijke Westra

No exceptions to prohibition of double patenting

Praised by Leaders League

US Supreme Court finds part of patent law unconstitutional

Passed EQE

i-team Global creates more synergy through combined protection

COVID-19 update 8

German model law incorporates controversial repair clause

Trade secrets as an IP asset: making confidentiality work for you

Increasing number of AI patents

Continue reading

V.O. Belgium recognized as a partner Agency for Innovation and Enterprise

TU Innovation Competitions start again

German ratification of UPC delayed again

Everything about patents, trademarks and designs easily explained through webinars

Enlarged Board of Appeal rules on the technical substance of computer inventions

V.O. sponsors Startup of Holland

Three new partners for V.O.

Two MIP Awards for V.O.

Column – “All of Europe should feel free to be a bit like Leuven.”

The genetic scissors

3D-mark protection for Ritter Sport packaging upheld

Fast-track Netherlands Patent Office (OCN) search procedure for corona control products

New partners and senior associates at V.O.

COVID-19 update 7

Patent databases offer a treasure trove of information

Rising Stars and Notable Practitioners

Enthusiasm for IP webinars

Collaboration also entails arranging property rights

New accommodation Groningen office

German ratification EU patent one step closer

Returning patents by post

Can you keep a secret?

Awards and rankings

TU/e Contest     

Vaccination

COVID-19 update 6

COVID-19: statutory patent terms can’t simply be adjusted for no reason

The lithium-ion battery

Well-prepared for the future

Recommended by JUVE Patent

Two prizes for V.O.

The utility model – a rapid alternative to a patent

Partner Kim Tan retired

COVID-19 update 5

COVID-19 update 4

Put your brand portfolio through a stress test with this checklist by V.O. – Part 2

V.O. contributes to the latest edition of ‘Visser’

COVID-19 update 3

Put your brand portfolio through a stress test with this checklist by V.O.

Solid foundation means opportunities for the future

V.O. advises companies through Wallonia subsidy program

COVID-19 update 2

Innovative design reduces the cost of roller coaster

UPC postponed

Brexit is a fact. What does it mean for your IP rights?

COVID-19 update 1

V.O. strengthens its position in Belgium

New on Kluwer Patent Blog: Fractus S.A. vs. Xiaomi Inc. c.s., Netherlands

The Lenoir combustion engine

New on Kluwer Patent Blog: Bayer Intellectual Property GmbH vs. Ceva Santé Animale SA, Nederland

Column – Successful ecosystem for innovation

New on Kluwer Patent Blog: Recordati Ireland Limited, EPO

Artificial intelligence offers opportunities for patenting

New on Kluwer Patent Blog: R-Pharm International, LLC, EPO

New on Kluwer Blog: Sisvel International S.A. vs. Xiaomi Corporation, Nederland

Gerard and Anton Awards 2019

New Meet the Expert location in Liège

New on Kluwer Patent Blog: Rogers Germany GmbH vs. KCC Corp., EPO

V.O. welcomes new colleagues

Knowledge sharing as keyword for optimal service provision

New on Kluwer Patent Blog: Forschungszentrum Jülich GmbH vs. Advanced Neuromodulation Systems, Inc., EPO

New Chairman of V.O.

The best-known medicine in the world: Aspirin

New on Kluwer Patent Blog: Koninklijke Philips N.V. vs. Wiko SAS, Nederland

Potentially new opportunities for patents in the United States

Silver ranking by Financial Times

New on Kluwer Patent Blog: Eli Lilly and Company vs. Fresenius Kabi Nederland B.V., Netherlands

New on Kluwer Patent Blog: HE Licenties B.V. vs VG Colours B.V., Netherlands

Demand for patent protection continues to grow in Europe

New on Kluwer Patent Blog: Accord Healthcare Ltd. vs. Shire-NPS Pharmaceuticals Inc., Netherlands

New on Kluwer Patent Blog: Mobile Sanitary Solutions B.V. vs. TWT Verhuur B.V., Netherlands

Food fight: ‘BIG MAC’ EU trademark (provisionally) revoked

New on Kluwer Patent Blog: AcelorMittal France vs. Tata Steel IJmuiden B.V., Netherlands

Column - Intellectual property in the interest of patients

V.O Promotions

Winner of MIP Award and WTR1000 recommendation

V.O. organises European Patent Seminar in Munich

New on Kluwer Patent Blog: G.D. Searle v. Sandoz B.V., Netherlands

V.O. supports students through innovation competitions

The lightbulb

HEMA faces claim by Levi’s over stitching

The impact of Brexit on IP rights

Supplier must warn of potential patent infringement in another country

Column - Innovation with space technology

Innovative market leader relies on IP

Patent advice on campus in Groningen

V.O. employees follow AED course

V.O. and Clariant jointly organise Nagoya seminar

IP Academy well attended

Plants can be patentable after all

The Ocean Cleanup at work

Up to 1 January 2019: 3 trademark applications for the price of 1

Patents granted for The Ocean Cleanup

Childhood dream comes true in the circular economy

Are the symbols ® and ™ symbol politics or are they relevant?

No happy ending for a pharmaceutical company in a case involving a Native American tribe

Does the new law for the protection of trade secrets offer sufficient protection?

The consequences of the Nagoya Protocol

V.O. supports Hartstichting

V.O. sponsors innovation competition

IP Academy starts again

Column - The ultimate profession

IP Stars 2018 announced

Harrie Marsman says farewell

Amendments Benelux trademark law

Patent attorney as strategic partner

Column - The enterprising university

Infringement by equivalence

Platform Formalities Officers increases level of administration

United Kingdom approves Unified Patent Court

Registering a trademark: can you do that yourself, too?

Breakthrough in the detection of cancer tumours

V.O. sponsor of the Amsterdam Science & Innovation Award (AMSIA) 2018

Patents attract investors and offer entrepreneurial freedom

New office in Utrecht

Benelux Firm of the Year Award for V.O.

New V.O. website

Patents are the most important indicator of a company’s powers of innovation

Finding a breakthrough against antibiotic resistance

Annemie Swinnen strengthens Leuven office

‘Patent pending’ works differently in Germany

V.O. ‘top filer’ PCT

Recommended firm according to WTR 1000

Nintendo’s model right is outplayed

The success of Eindhoven

‘Small businesses are getting the attention they deserve’

V.O. Arnhem office relocation

Innovation for Health

EMA is good for the Netherlands’ innovation climate

IP Academy 2018

V.O.’s own training ensures rapid talent development

NUON Solar Team wins again!

Left empty-handed due to loss of distinctive character

Bringing an end to the incorrect prescribing of antibiotics

End of patents for plants. What are the consequences?

Renewed “Innovation box” focuses on patents

Is my patent actually my own?

Transfer and the priority right – make the right arrangements!

A patent for The Ocean Cleanup

Germany puts ratification UPC on hold

What will be the consequences of Brexit?

Watch out for fraudulent invoices

Involvement in Knowledge for Growth

PatentMatch 2017

‘Patent attorneys appreciate both technology and the law’

Patent for The Ocean Cleanup innovative technology

Flexible solar cells drive energy revolution

Patenting software: can it be done?

A balanced patent system under Trump?

SPA: not purely descriptive

V.O. sponsors TU/e and UT innovation competitions

Recruitment film a success

Your success depends on your team

From patent tax allowance to innovation tax allowance

V.O. wins annual MIP Award

V.O. shortlisted for the Patent Prosecution award

How much of the costs of proceedings will the losing party pay?

Recommended by WTR 1000

End to ‘poisonous priority’

V.O. participates in Innovation for Health

‘Market demand always comes first’

European Commission decides against patents on plants

Additional translations no longer required in Belgium for a European patent

Important changes in procedural law

V.O. welcomes Bettina Hermann and Marco Box as new partners

Brexit will not stop the unitary patent

Hyperlinks to copyright-protected material are a risky business!

Adapting to the changing market

Working on the ‘Treesolution’

UK to ratify unitary patent after all

UPP Package 2017 – all about UP and UPC

NIDV Symposium & Exhibition 17 November

Stack your IP rights

Meet us at Innovation for Health, Rotterdam, 16 February 2017

New training days of the IP Academy

Patent for rusk indentation cannot be beaten

Learning from the German Employee Invention Act?

Brexit delays unitary patent

Nuon Solar Team wins Solar Challenge in South Africa

Statutory contributions towards other party’s legal representation costs in Belgium

Martin Klok European Patent Attorney

Wanted: new business models

IP Stars of V.O.

Riverdale anticipates latest living trends

Taniq conquers the world with robots

Insured parties are free to choose their own lawyer

TTOs have proved invaluable

So. First of all some case law

Unitary patent and the consequences for licence agreements

What impact does the Brexit have on EU trademarks and the unitary patent?

Is opt-out wise?

Highly recommended

MIP Award

Prior announcement: IP Academy courses

‘We always go that one step further’

Matchmaker between science and the market

Introduction of the European patent getting closer

‘Carefully consider the consequences of the Unitary Patent’

New: Association for IP attorneys of record

SME portfolio for V.O.

New customs legislation

Capri-Sun: the shape mark back to form?

Smart publication

Important changes to European Trademark Legislation

V.O. shortlisted for the Patent Prosecution award

Are new PACE programme rules an improvement?

V.O. wins MIP Award

SkylineDx diagnostic tests conquer Europe

V.O. takes up mentoring role at Start-up Bootcamp

Vouchers for award-winning inventions

V.O. Patents & Trademarks 100 years

NUON shines brightest in Solar Challenge Australia

Keep your knowledge in the field of IP up to date

Heart beat key wins VIC2015

Do good inventor reward schemes result in better inventions?

V.O. moves to new head office in The Hague

V.O. strengthens team with two experienced European patent attorneys

Luxexcel: the most innovative company in the Netherlands

Dutch start-up conquers the world

Stronger legal position for authors?

IP critical to future success

Is it possible to successfully apply for a patent without a patent attorney?

‘Having adequate arrangements in place is attractive to investors’

Immerse yourself in the world of IP

Storm umbrella in bad weather?

On the road with the EPO

Kun je zonder octrooigemachtigde succesvol een octrooi aanvragen?

Zelf schrijven is lastig

Goede conclusie is moeilijk

Plank misslaan met octrooiaanvraag

Amendments to EU and Benelux trademark law

Who does an invention belong to?

Lead Pharma: "Valorisation is our main concern"

Unitary patent: little benefit to SMEs?

US Supreme Court makes it easier to obtain a conviction due to incitement to patent infringement

Public consultation on legislative changes for unitary patent

Is Vlaanderen Muziekland a distinctive brand?

Activate your ideas - column by Cees Jansen

Who owns the invention in Belgium?

V.O. opens office in Amsterdam

V.O. new sponsor world champion solar racing

V.O. new sponsor for solar racing world champions

European Patent Office confirms patentability of plants

Michiel Haegens (V.O.) new President Benelux Trademark and Design Association

Vice-president of EPO may administer the law again

Infringement under the doctrine of equivalence

Innovative brainstorming

Overlap between executive and judicial power at the European Patent Office

Seminar IP strategy with a limited budget

Belgium is seeking harmonised patent jurisdiction

Japanese IP law reforms

Companies alleging IP infringements often don't have a leg to stand on

IP and Open Source seminar: (im)possible?

Open Source software and hardware have many advantages, but there are big differences when it comes to the obligations involved. Because of this, we organised a series of seminars in the Netherlands, Belgium and Germany, during which we examined Open Source and looked at how it fits into a business model.

Seminar Munich September 2015

Innovation for Health 5 februari 2015

Judgment in AGA case confirms the need for harmonisation

In the case of AGA Medical Corporation vs. Occlutech (UK) Limited, the British High Court of Justice declared AGA"s patent to be null and void. Although the European Patent Office"s (EPO) Opposition Division has also revoked the patent, they made their decision on entirely different grounds. This difference of opinion emphasizes yet again the lack of harmonisation between the national courts and the EPO.

V.O. participates in the NIDV Symposium & Exhibition

Licensee"s position improved?

The fate of a licence if the licensor is declared bankrupt is far from straightforward. Generally, the licensee has an interest in being able to continue using the licence "as normal". A recent ruling by the Dutch Supreme Court appears to support this. There is, as yet, no unequivocal answer.

A question of (individual) character

To obtain protection for industrial designs, the most important requirement is that the design concerned is new and has an "individual character". This individuality has been the subject of much debate by the courts.

China also wants proper rules on employee inventions

Who owns an invention? Generally, the inventor does not apply for the patent. In many cases, the applicant is the inventor"s employer. But who is entitled to the revenue from the patent? The rules differ depending on the country. New legislation is also in the offing in China.

EU report: customs enforcement in 2013

The goods that were most frequently seized by customs last year are clothing (12%), medicines (10%) and cigarettes (9%), originating mainly from China.

V.O. whitepaper on IP outsourcing

In practise, the outsourcing of IP by enterprises having in-house IP departments often appears to be more complex that it may seem at first. V.O. has published a whitepaper that provides clarity in this matter.

New Zealand"s patent law toughened up

On 13 September 2014, a new patent law enters into force in New Zealand. This law is tougher on a number of points than its predecessor.

V.O. participates in Global Patent Congress

The attorneys-at-law at V.O. are deployable in a wide range of areas

In an organisation that specialises in patents, brands and designs, our attorneys-at-law have found themselves almost forced to operate on the sidelines.

V.O. participates in Global Patent Congress

Like previous year, V.O. is sponsor to the Global Patent Congress 2014, to be held in Copenhagen from 22-24 September.

German utility model alternative to national patent

Amendments to German intellectual property law

On 1 January and 1 April 2014, a number of changes were made to German design law and the German Patent Act.

Belgium has ratified the agreement on the unified patent court (UPC)

This means that Belgium is the fourth country to have effectively welcomed the new Unified European Patent. Belgium ratified the Agreement on the Unified   Patent Court on 6 June 2014, after it had already been approved by the Belgian Parliament before the elections that were held on 24 May 2014.

China amends its intellectual property regulations

New Belgian Patent Act "more European’

The new Belgian Patent Act of 10 January 2011 is expected to enter into force in the autumn of 2014.

Black-and-white logos do not cover every type of colour use any more

US limits possibilities of patent protection for software inventions

In the Alice Corp. v CLS ruling, the American Supreme Court has made it clear that the development and sale of computer systems and programs cannot be protected by a patent if it only involves a general implementation of an inventive abstract concept.

Dutch supreme court allows claim construction to exclude embodiments that do not solve the stated problem

In its decision Medinol vs Abbot, the Dutch supreme court has clarified the law on use of claim construction to import limitations that are not present in the literal meaning of a patent claim.

Personnel and IP rights

In the Netherlands, we have employers’ IP rights. In other words: intellectual property rights ensuing from activities that are performed by employees will accrue to the employer. However, this is subject to one condition, namely that the activities undertaken by the employee fall within the scope of his job description. This makes a good job description important. It will also be vital to make clear agreements about the remuneration that the employee receives.

New trademark law China heralds further conformism

DSM defeats competitor in patent battle

Chemical company DSM, which uses the services of V.O. for cases involving intellectual property rights, recently achieved commercial success by eliminating a patent held by its competitor 3D Systems. Both companies are active in the field of stereolithography, a technology that can be used to create a three-dimensional object through the layered polymerisation of a liquid with light (photopolymerisation).

Chemical specialism now in Arnhem too

V.O. believes that it is important to be in the market and close to its clients. This is why Hajo Kraak, a specialist in Chemistry and Life Sciences, has been working from the V.O. office in Arnhem since 1 February 2014. By doing this, he is responding to the wishes and needs of the growing number of clients that the company has in this region.

Distinguishing features: difficult to protect

In a legal sense, a brand is defined as a sign that is open to graphic depiction and that can be used to distinguish the goods or services that an organisation offers. In short, a brand is a distinctive sign. External product characteristics are open to graphic depiction too, but are almost never eligible for trademark protection. This is because they are rarely deemed capable of distinguishing the product in question, despite the fact that product characteristics are actually recognised as an indication of origin.

Belgian patent attorneys

In January, two Dutch and European patent attorneys for V.O. were registered as Belgian patent attorneys too: Annemie Jaeken and Bart Jan Niestadt. Annemie works at the V.O. office in Leuven; Bart Jan divides his time between the offices in Eindhoven and Leuven.

Register for the China seminar

In the last newsletter, we drew your attention to a seminar about IP cases involving China, which is scheduled for the spring of this year. We can now inform you that the seminar will take place from 3 to 6 p.m., on Wednesday 23 April in Eindhoven and on Thursday 24 April in Leuven. The title of the seminar is Trademarks & Patents, Eight Golden Rules for your Business with China.

The flexible professional as opposed to the rigid ‘average’ skilled person

According to Article 123 (2) of the European Patent Convention (EPC), no amendments may be proposed to a patent application in procedures before the European Patent Office if the amendments in question are not covered by the content of the original application submitted. The object of this article was to prevent an invention from shifting over time to become something that was actually only invented at a later date. However, there is a problem with the interpretation of this particular article.

You are invited to our INTA conference reception in Hong Kong on Tuesday 13 May 2014!

V.O. wins MIP Award

For the third time V.O. has won the MIP Global Award for The Netherlands Prosecution IP Firm of the year.

Patenting also effective for small- and medium-sized enterprises

Small and medium-sized enterprises (SMEs) prove to profit, just like big companies, from the protection of innovative products through patents. This is in contrast to what has been generally assumed to date.

Flanders launches project I innovate

The Belgian government sets great store on making entrepreneurs in SMEs more innovation-minded. That’s why in July of this year the project I innovate was started.

Less strict rules for filing divisional European patent applications

Effective 1 April 2014, it will be possible again to file divisional applications as long as the parent application is still pending. That announcement has recently been made by the European Patent Office (EPO).

Ideas and copyright

An idea in itself is not straightaway eligible for protection by copyright. That’s what Raab TV has found out recently.

V.O. seminar on China and the force of IP

Delegation EPO and V.O. visits US

Examiners of the European Patent Office (EPO) at times make a study trip to countries or regions outside the EPO zone. When they do, a primary aim is an exchange of knowledge, promoting collaboration between the two parties.

Seminar Munich

Following the seminar held in Munich in October 2011, V.O. organised a second edition in October 2013, titled Autumn Seminar on Recent Developments in IP.

Rules for filing European divisional applications will be liberalized

The European Patent Office has announced that from 1 April 2014 the rules posing time limits on filing divisional patent applications will be abolished.

IP seminar in Munich, 14-16 October 2013

V.O. again Firm of the Year

V.O. has again been elected IP Firm of the Year by the British magazine Managing Intellectual Property for its patent and trademarks services in the Netherlands. The election took place during the 2013 edition of Managing IP Global Awards.

V.O., the new name of Vereenigde

As of 30 March 2013 the name of our firm shall be V.O. The new name is the abbreviation of Vereenigde Octrooibureaux, the official name by which the firm was founded back in 1916.

Marie-José Luys reinforces position Vereenigde in Belgium

As of 1 December Marie-José Luys reinforces the team of patent attorneys in the Belgian office of Vereenigde, which was recently set up in Science Park Arenberg, Leuven.

Dutch court rules that Samsung’s Galaxy products with Android 3.0 and higher do not infringe Apple patent

Dutch court rules Apple has asserted European patent No 2059868 against Samsung in a number of countries.

Dutch court forbids involvement in patent infringement in Portugal

A recent decision of the preliminary relief judge offers new possibilities in the Netherlands for holders of intellectual property rights valid abroad.

New office in Germany

Since a couple of months VEREENIGDE has a second German office. In addition to Munich, where we have had an office since 2008, we are now also present in Regensburg, a city located on the Danube 100 km North-East of Munich.

Highly recommended in IAM 1000

The British IP journal "Intellectual Asset Management" recently published the guide "IAM Patent 1000 - The World"s Leading Patent Practioners".

Agreement on European unitary patent?

Prior art effect of private e-mails and publicly accessible website

The Board of Appeal of the European Patent Office has ruled on the prior art effect of electronic communication in a pair of test cases. These test cases (T2/09 and T1553/06) were initiated by Philips Electronics and DSM under the aegis of the Dutch organization of entrepreneurs.

Essentially biological products

The district court in summary proceedings rejected Taste of Nature’s bid to ban infringement of their European Raphanus patent.

Office closed on Queen"s Day

Because of Queen"s Day, all offices of VEREENIGDE in the Netherlands will be closed on Monday 30 April. As from Tuesday 1 May we will be at your service again.

Dutch ruling on validity of Escitalopram

Recently, the Court of Appeal (Hof) at The Hague ruled on the validity of Lundbeck’s patent on the antidepressant Escitalopram (EP 0 347 666).

VEREENIGDE opens office in Belgium

VEREENIGDE welcomes new partners

As from 1 January 2012, Michiel van Rooij and Marco Molling, practising from respectively the Arnhem and The Hague offices, have joined the partnership of VEREENIGDE.

The story of surgical methods continues

In a recent decision of August 2011, T923/08, a Technical Board of Appeal (BoA) had to decide on a method for measuring parameters on a human or animal body, in particular measuring the length of a femur.

IP protection via national routes – Germany as an example

The proper IP strategy for a company can differ depending on several company-specific factors, such as the business field of the company, its market performance, competitive position, and - of course - the budget available.

Double Dutch: Breeder’s exemption in patent law

The Dutch government has committed itself to including a breeder’s exemption in the Dutch patent law. Political opposition and lobby groups are advocating for a full (UPOV 1978-style) breeder’s exemption.

VEREENIGDE"s seminar in Munich

VEREENIGDE held a seminar in Munich from 18 to 20 September 2011 focusing on European Patent strategies. The event was hosted by VEREENIGDE"s Munich office in cooperation with VEREENIGDE"s headquarters in The Hague.

Cross-border injunctions in patent proceedings – again?

Recently, a new chapter was added to the ongoing attempts of the Dutch courts to provide cross-border injunctions in intellectual property cases

Again high PCT score for VEREENIGDE

Each year, the British magazine Managing Intellectual Property (MIP) conducts a survey of PCT filing firms.

Benefits of filing U.S. provisional applications until 16 March 2013

Once the U.S. provisions relating to the First-Inventor-to-File system come into effect on 16 March 2013, foreign priority applications will have the same benefits as U.S. provisional applications.

New premises for Munich office VEREENIGDE

Damages occurring after termination of a tort

It is established practice in the Netherlands that the extent of damage that occurs as a consequence of a tort need not be proven up to the hilt.

Tips on recording patent transfers

In two recent decisions of the Technical Boards of Appeal of the EPO, the recording of the transfer of a European patent played an important role in the admissibility of the appeal.

The importance of properly and timely recording a patent transfer

In two recent decisions of the Technical Boards of Appeal of the EPO, the recording of the transfer of a European patent played an important role in the admissibility of the appeal.

Oral proceedings conducted in The Hague or Munich?

Since the start of the BEST programme (Bringing Examination and Search Together) oral proceedings in examination and opposition can be held both in The Hague and in Munich, whereas formerly these proceedings could only be performed in Munich.

Patentability of embryonic stem cells in Europe

What is an embryo? Advocate General M. Yves Bot has provided his opinion on this in case C-34/10 (Brüstle v Greenpeace).

Seizure of Playstation 3 granted and lifted again

At the request of LG Electronics, a court in the Netherlands has granted an order to seize all Sony Playstations 3 (PS3) in the Netherlands, because they contain a Blu-Ray player covered by LG patents.

Prohibition of reformatio in peius not applied

In T1544/07 one of the opponents filed an appeal against the decision of the Opposition Division to maintain the opposed patent in amended form.

Cross-border injunctions in patent proceedings again?

Since the early 90s many discussions have focused on the possibility of a national judge issuing injunctions for infringement in another country, the so-called cross-border injunctions.

Advance offering of generics found to infringe

In its decision of November 2, 2010, the Court of The Hague overturned a decision of first instance.

The Netherlands are patent-friendly

Patent litigation is often conducted in multiple jurisdictions and in multiple countries. As the outcome of the first lawsuit may have a substantial or even decisive impact on subsequent litigation elsewhere, an early win can be crucial.

Dutch constitutional reform and Caribbean IP

A technical problem to be solved

It is established practice that for judging the inventive step of the invention claimed, the problem-solution approach as developed within the European patent office is used.

Absolute patent protection of naturally occurring substances

The patent system has been developed to reward inventors for their invention, and publication thereof, with a temporary monopoly on the commercialization of their invention.

Legislator to decide on conflicting rights

Over the last couple of years, plant breeders have become increasingly aware of patent rights on plants.

VEREENIGDE sponsor of Food Valley Conference 2010

EU-Australia wine trade agreement in force

On 1 December 2008, Australia signed a wine trade agreement with the European Union to comply with the geographical indicator (GI) system of the EU. This agreement entered into force on 1 September 2010.

Avoid pitfalls in trademark oppositions

In 2004, the trademark opposition procedure was introduced in Benelux. Now, six years and over 470 (appeal) decisions later, it might be useful to consider some do"s and don"ts.

More scope for European patents for methods of medical treatment

In its decision G1/07 (Medi-Physics), the Enlarged Board of Appeal of the European Patent Office (EPO) has ruled that current patent office practice on exclusion of methods of medical treatment from patentability has been too restrictive.

No absolute protection for gene sequences in Europe?

In the case C-428/08, the Advocate-General of the European Court of Justice recently issued his conclusion.

G308: Enlarged Board answers no questions on patentability of computer implemented inventions

In its opinion G3/08, the Enlarged Board of Appeal of the European Patent Office (EPO) declined to answer questions referred to it by the President of the EPO about the patentability of computer-implemented inventions (CII).

Swiss-type claims no longer acceptable in Europe

Recently, the Enlarged Board of Appeal, in case G 2/08,issued a decision on the patentability of a method for therapy in which the new and inventive feature was a new dose regimen for an already known drug and medical indication.

Use of a CTM in the Netherlands regarded as genuine use?

In an opposition procedure before the Benelux Office for Intellectual Property (BOIP) in January 2010, it was held that the use of a Community trademark (CTM) in the Netherlands only is not sufficient to conclude that the CTM has been genuinely used.

Green patents

Change of language of the proceedings is not possible

The EPO Enlarged Board of Appeal has decided that it is not possible to file a translation of the application into one of the two other official languages when entering the European regional phase.

MIP Global Award 2010 for VEREENIGDE

On 24 June, VEREENIGDE will be presented a prestigious award in London: The Netherlands Prosecution IP Firm of the Year Award 2010.

USPTO lifts restrictions on expedited examination of green patent applications

Further to our news item of 16 December 2009, the United States Patent and Trademark Office has lifted certain restrictions on the subject matter required for expedited examination of green technology patent applications.

New EPO guidelines for using Internet disclosures as prior art issued on April 1

Part C of the EPO"s Guidelines for Examination published on April 1 now states that, as a matter of principle, disclosures on the Internet form part of the state of the art for evaluating novelty and inventive step.

Accelerated USPTO examination for "green" patent applications

Accelerated examination is now available for at least 3,000 U.S. patent applications claiming "green technology" under a pilot program announced on 7 December 2009.

New EPO rules for divisional applications

On 1 April 2010, new EPO rules for divisional applications will enter into force. The new rules introduce a new time limit for filing divisional applications.

EPO rule changes - part II

In addition to the rule changes concerning divisional applications, which changes are explained in the news item "New EPO rules for divisional applications", further miscellaneous rules changes also will come into effect on 1 April 2010.

The EPO and the WARF stem cell patent

The EPO will not grant patents for human embryo stem cells that require the destruction of the embryo.

Strategic trademark filing in the Benelux and the EU

In filing trademark applications in general, the scope of protection ultimately obtained is generally determined by the designated goods and services.

The Netherlands celebrate 100 years of modern patent law

In 2010 it will be 100 years ago that the Netherlands revived its patent system in a modern form.

Presenting "the green team"

"Alternative energy", "clean tech", "green", and sustainable" are not only buzzwords - these terms now refer to activities that, if they are not already big business, they soon will be.

Decrease in patent filings in 2009

VEREENIGDE among top PCT filers

In their October 2009 issue, Managing Intellectual Property (MIP) ranks patent firms by the number of international patent (PCT) applications filed.

Reduction Dutch corporate tax rate

As of 1 January 2010, the Dutch corporate tax rate on gains realized from the exploitation of know-how developed in-house will be reduced to just 5%.

VEREENIGDE participates in Dutch Design Week

ECJ decides on granting of SPCs

Ruling by the European Court of Justice (ECJ) on prejudicial questions.

Novartis vs Actavis

Decision by the Court in The Hague in an application for temporary injunction.

New EPO time limits for filing divisionals

The European Patent Office (EPO) has announced new rules for divisional applications entering into force on April 1, 2010 that set a time limit for the filing of divisional applications.

Mind your agreements

In a recently published appeal case before the Amsterdam Court of Appeal (1), the court considered the implications of an exclusive distribution agreement on know-how protection.

CTM fees fall by 40%

Head office VEREENIGDE closed on 31 March

On Tuesday 31 March 2009, an international UN conference on Afghanistan wll be held in the World Forum Convention Center in The Hague.

Michiel Haegens new Head of trademark section VEREENIGDE

As of 1 March 2009, Michiel J.A. Haegens will be Head of the trademark section of VEREENIGDE.

USPTO Innovation Week

New location for VEREENIGDE Eindhoven

Disclosure in China blocks Unregistered Community Design

All designs first published within the European Union can, in principle, enjoy a 3 year term of protection as an Unregistered Community Design (UCD).

Public holiday closure dates

In view of the coming public holidays, all offices of VEREENIGDE shall be closed on several days.

USPTO opens USPTO - EPO PPH Pilot Program to PCT applications

Patent limitation easier before the Dutch courts

The district court of The Hague has decided that the new European Patent convention (EPC 2000) means that patentees have the right to limit claims with fewer obstacles than have been imposed by Dutch courts in the past.

New opportunity for speeding up patenting in the U.S.

Until recently, someone seeking a U.S. patent could not speed up the patenting process by a simple request. One had to show that there were special circumstances.

BMM certified trademark attorney

Recently, BMM (Benelux Association for Trademark and Design Right) has introduced the BMM certification mark.

Mark Einerhand new partner VEREENIGDE

Costing system VEREENIGDE simplified

Amended Dutch Patent Act soon in force

On 3 July 2007, the Dutch parliament (House of Representatives) approved changes to the Netherlands Patent Act ("Rijksoctrooiwet 1995"). It has now been officially communicated that new patent act will enter into force on 5 June 2008.

London Agreement to enter into force on 1 May 2008

EPC2000 new filing procedures

The changes in the European Patent Convention, generally known under the name EPC2000, will enter into force on 13 December 2007.

Changes under EPC2000

As mentioned in our newsletter of June 2006, the EPC2000 will enter into force on 13 December 2007.

London Protocol: reduction of translation costs of European patents in major EPC states

France has recently ratified the London Protocol. As a result, the protocol will finally come into force soon, probably in the spring of 2008.

Dutch Patent Act amended

An interesting proposal for low-cost validity analysis during the priority year

The Benelux trademark opposition procedure

In 2004, a trademark opposition procedure was introduced in Benelux. Now, 3.5 years later, a large number of opposition proceedings are pending and a number of opposition decisions have been issued.

Change of address Groningen office

The Groningen office of VEREENIGDE is relocating as of 7 December 2007 to a location slightly further up the road.

Learn to share

New website Chintellectual Property Foundation

Dutch parliament approves new Patent Act

On 3 July 2007 the Dutch parliament (House of Representatives) approved of changes to the Netherlands patent act ("Rijksoctrooiwet 1995"). It is expected that the new patent act will enter into force by the beginning of 2008.

Vacancies for patent attorneys

VEREENIGDE and Disk@d launch IP info network

VEREENIGDE "s-Hertogenbosch has moved!

The Netherlands implements Bolar legislation for generic medicines

A medicine may be placed on the market only when a special authorization to do so has been granted. To obtain such authorization, it is required to test the medicine clinically.

Supreme Court allows reliance on examination file

In determining the scope of protection of a patent, the meaning of the claims of the published patent must be considered.

Extension of SPC"s for medicinal products for pediatric use

On 26 January 2007 new Regulation (EC) No. 1901/2006 will enter into force.

New office Vereenigde in Eindhoven

Since August 2006, Vereenigde has an office on the High Tech Campus Eindhoven.

European Court of Justice decisions on cross-border injunctions

Requirement of certifying translations is abolished

With effect from August 1, 2006, the requirement that the Dutch translations of European patents be certified by a patent attorney will be abolished. Nonetheless, the quality of the translation continues to be of importance for the scope of protection.

EPC2000 - An overview of the main changes

In 2000, a diplomatic conference was held in Munich to revise the European Patent Convention (EPC), which was drafted in 1973 and has been in force ever since the EPO began.

Decision of Enlarged Board of Appeal on diagnostic methods

According to Article 52(4) of the European Patent Convention (EPC) diagnostic methods practised on the human or animal body are not regarded as inventions which are susceptible of industrial application within the meaning of Article 52(1) EPC.

Board of Appeal - divisional applications

Several referrals have recently been made to the Enlarged Board of Appeal (the highest instance within the European Patent Office) concerning divisional applications.

European Court of Justice rules against concept of combination of active ingredients

Frans Dietz chairman Vereenigde Octrooibureaux

As of 1 March 2006, the partnership Vereenigde Octrooibureaux has elected Frans A. Dietz as its new chairman.