Showing posts with label Liechtenstein. Show all posts
Showing posts with label Liechtenstein. Show all posts

Wednesday, September 30, 2009

No more "prior claims" approach in Europe / updated answer to Exam-Related Question

One of the things that has changed in the new National Law table is in table VII with respect to conversion.
A couple of the exceptions (always nice for EQE questions) are now gone.

Prior to July 2008, there was an exception in Switzerland and Liechtenstein where a withdrawal or rejection on the basis of earlier EP right [Art.54(3) EPC] opened the possibility of a conversion to a national application in those states [see National Law EPC, Table VII, column 1]. Reason for this was the “prior claim approach” in Switzerland and Liechtenstein. However, with the amendment to their national law in July 2008, Switzerland & Lichtenstein now apply the “whole contents” approach for prior rights.

The other one is for Italy - they used to allow a fairly broad conversion to an Italian utility model. This is no longer possible. 

For those using our Exam-Related Questions, click below to see the new answer for one of the questions.