juridiko by Sean Hogle


The London Agreement is Now in Effect, Reducing Patent Prosecution Costs in Europe

The London Agreement is a treaty under which the signatory countries agree to waive, for the most part, the requirement that patents be translated into the national language of each European Patent Convention country.

Software Patenting in the UK Moves Closer to the Liberalised EU Approach

Article 52(2) of the European Patent Convention (reflected in section 1(2) of the UK Patents Act of 1977, as amended) includes in a list of unpatentable inventions "programs for computers … as such". The European Patent Office (EPO) has construed this exclusion to allow software to be patented if the operation of the program produces a further technical effect going beyond mere physical interactions between software and the computer.

Could the MedImmune Decision Justify Microsoft's Refusal to Specifically List its Patents Believed to be Infringed by Linux?

Microsoft has in the past claimed that various open source software infringes no fewer than 235 patents Microsoft owns, including 42 patents Microsoft claims are infringed by the Linux kernel; 65 that are allegedly infringed by various Linux graphical user interface solutions; and 45 by the Open Office suite of productivity software. (See "Microsoft Takes on the Free World").

What Happens if the IP Asset You've Licensed is Transferred to a Third Party?

It is not uncommon for a company licensing in technology to spend much time and legal resources on ensuring that the licensor of that technology cannot assign or transfer the operative license agreement to a third party without the licensee's knowledge and consent. However, less common is attention to the risk of a licensor transferring the actual intellectual property that is the subject of the license in question. This situation arose in a recent US Court of Appeals decision within the US Federal Circuit, the courts responsible for patent appeals.

OSiM World, Berlin: September 17-18, 2008

I will give a presentation entitled, Key Legal Factors to Consider When Establishing Open Source Projects, and will participate as a panelist in, How Do You Choose the Right License?, at the Open Source in Mobile World Conference in Berlin on September 17-18, 2008. Discounts of 25% off of program fees are available through me; please contact me at sean@hovilaw.com if you are interested in attending.

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