20.04.2010 — European Patent: New memberstate Albania

With the accession of Albania the European Patent Organisation will comprise 37 member states from 1 May 2010.

European patent applications filed on or after 1 May 2010 will include the designation of Albania. PCT-requests will automatically designate the new member state for the purpose of obtaining a european patent. The extension agreement between the European Patent Organisation and Albania will terminate with the entry into force of the European Patent Convention for Albania on 1 May 2010.

The former regulations, however, continue to apply for all applications filed prior to that date.

After the accession of San Marino on 1 July 2009 Albania is the
37th member state of the European Patent Organisation (an updated list can be found here). Including three extension states a european patent can be validated in 40 countries after grant.

Please contact us if you need additional information.

16.03.2010 — Opposition procedure in Austria against Trademarks

From 1 July 2010, a new opposition procedure in trademark matters is possible in Austria.

Opposition may be lodged against trademarks with a publication date after 1 July 2010. The new procedure at a glance:

Who may lodge an opposition: Owners of registered trademarks or trademark applications (that have to result in a registration) with earlier priority dates.

What may be opposed: Confusingly similar trademarks in the process of registration in Austria (national trademarks and international trademarks designating Austria).

When may an opposition be lodged: Within three months after publication of the similar trademark in the "Österreichischer Markenzeiger" or the WIPO Gazette.

The cancellation of a trademark resulting from such an opposition is effective retroactively from the beginning of the period of protection. The procedure is primarily carried out in writing, oral proceedings are summoned only in exceptional cases. Hence, in addition to cancellation proceedings the opposition procedure makes for a swift and inexpensive way for trademark holders to enforce their rights.

However, effective use of the procedure requires diligent observation of current trademark applications, particularly of competing companies.

Please contact us if you need additional information.

15.02.2010 — Montenegro new extension state as of 1 March 2010

From that date on granted European patents can be validated in
40 countries.

The "Agreement on the extension of European patents" between Montenegro and the European Patent Organisation was signed on
13 February 2009 and enters into force on 1 March 2010. Extension to Montenegro is deemed requested for any European and international patent application filed on or after 1 March 2010. It is not available for applications filed prior to that date.

Hence, from 1 March 2010 European patents can be validated in
36 member states of the European Patent Organisation - San Marino, as the most recent member, acceded on 1 July 2009 - and 4 extension states.

Please contact us if you need additional information.