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« Game Over for Myriad | Main | Webinar on Patent Indemnification Provisions »

February 11, 2015

Comments

Kevin, I think it's misleading to say that Morocco is "the first non-European country to offer patent protection based on examination by the EPO". Many countries' patent offices will look favorably upon a grant of a corresponding case by the EPO and allow claims on such basis; the statute here in Israel explicitly says you can piggyback on the grant of an EPO patent to gain allowance. While that's not quite the same as "validation", in that it's not automatic (and thus different from, say, Hong Kong validating a granted GB or CN patent, which is an automatic procedure if requested), it's not so far from that either.

I agree with the previous comment. The press release from the EPO seems to have overlooked that there are already two so-called extension states (Bosnia/Herzegovina and Montenegro) which recognise granted EP patents as valid on their territory, subject to their being designated at the appropriate time. Quite why Morocco has not adopted the same status is unclear.

Dear Dan:

I see your point, but I think it is a different thing for a country to "look favorably" on the EP examination while doing their own, and permitting a patent to be granted without examination based on the grant in Europe. But insofar as that was unclear, this exchange should rectify it.

Thanks for the comment.

Which are the countries that grant on the basis of a grant by the USPTO. Canada and?

Max: not sure about Canada, but Australia has a bypas route for granted EP and US patents

Thanks for the comment

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