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Upcoming Changes to European Patent Examination Procedures
Recently, the European Patent Office (“EPO”) announced changes to the rules of the European Patent Convention (“EPC” ) as part of the EPO's initiative to speed up patent examination. The new EPC rules, which will be effective on April 1, 2010, will drastically restrict how a patent applicant is able to file divisional patent applications and will increase the patent applicant's obligations to provide information to the EPO during patent examination.
More specifically, these rule changes implement: 1) time limits for filing divisional European patent applications; 2) compulsory responses to European search reports and written opinions of the EPO acting as the International Searching Authority (“ISA”) in European patent applications; 3) a requirement that the basis in the original text of a European patent application be provided for all amendments; 4) restrictions on a patent applicant's right to make voluntary amendments; 5) a requirement, for European patent applications containing more than one independent claim in the same category, that patent applicants identify which claims are to be searched; and 6) a requirement, for claims the EPO considers too broad or unclear on which to carry out a meaningful search, that the patent applicant indicate which subject matter should be searched.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.