?? The most recent IP Law News ??? (11 / 29 / 2024)

Starting January 2025, the USPTO will adjust patent and trademark fees to sustain its mission of fostering U.S. innovation, inclusive economic growth, and global competitiveness.

Trademark fees will change on January 18, introducing targeted adjustments to improve IP system administration and implementing a single base application filing option with related surcharges, replacing the TEAS Standard and Plus application options and fees.?

Patent fee changes, effective January 19, will impact various categories, such as continuing applications, design applications, extensions, requests for continued examination, and more. These updates also aim to ensure sufficient revenue for future operations, support strategic goals, and enhance the IT infrastructure of the USPTO.?

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In follow-up to the European Union (EU) Council's 14th sanctions package of June 24, 2024 related to the situation in Ukraine, the European Patent Office (EPO) suspended all requests for unitary effects to persons subject to such sanctions on July 10, 2024.?

Last November 13, the committee selected by the EPO to review this situation finally amended Rule 5(2) of the Unitary Patent Regulation (UPR) to exclude from unitary protection European patents granted to holders subject to the sanctions, i.e., i) Russian nationals; ii) natural persons resident in Russia; iii) legal persons established in Russia; or iv) applications filed jointly with non-Russian natural or legal persons established outside Russia. However, it contains an exception concerning nationals or residents of EU states, EEA countries or Switzerland.?

Until now, said Article 5(2) established that unitary effect was only registered when the European patent had been granted with the same set of claims for all participating Member States.?

The new regulation will apply to all applications for unitary effect pending as of November 15, those suspended as of July 10, and all those filed thereafter. Applications that are denied will be informed to the proprietor, providing an opportunity to comment or invoke exceptions.?

The Superintendence of Industry and Commerce (SIC) has announced its review of the integration between Tiendas Ara and Almacenes Colsubsidio. This process aims to determine whether the transaction requires formal notification or a pre-evaluation procedure in line with competition regulations.

Corporate integration processes require the analysis of key aspects such as the legal structure of the companies, share ownership, corporate bylaws, and the authorizations necessary for the transaction. It is also critical to identify legal restrictions, compliance with preemptive rights, conflicts of interest, and partner agreements, ensuring adherence to the law and protecting the rights of the parties involved.

Furthermore, any integration involving companies in the same sector or value chain must be reported to the SIC if their revenues or assets exceed 1.641.044,99 UVT in the previous fiscal year. This process ensures that such operations do not negatively impact market competition.

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