Chile: Mining Services Contracts – The Importance Of IP Clauses

Harris Gomez Group has been working with Mining Equipment, Technology and Services (METS) businesses in Latin America for 16 years. We have experienced it first hand over the years, the mining industry is going through a transformation, and the solutions and technology being commercialized are increasingly more complex than they were in the past. Digital technologies, data analytics, automation, robotics, process re-engineering, modular and mobile equipment/infrastructure, and sensors are all examples. METS companies are [...]

Is The Complaint Against The UPC Admissible? German Bar Association Says “No”

Following the surprise submission last year of a "constitutional complaint" against German participation in the Unified Patent Court system, ratification of the UPC Agreement was put on hold. The Federal Constitutional Court invited observations from a large number of third-parties representing German lawyers, government and industry, and set a 31 December deadline. The German Bar Association (Deutscher Anwaltverein, "DAV") has been first off the blocks to make public its own set of observations, which can be [...]

Luxembourg: Golden Disclaimers

The Enlarged Board of Appeal of the European Patent Office has issued decision G 1/16 on the allowability of undisclosed disclaimers introduced into a patent claim. This decision confirms that "undisclosed disclaimers" in European patent applications are permissible under certain circumstances thus clarifying a decade-old saga on this matter. The saga of disclaimers used in patent claims before the European Patent Office is ongoing for decades. A disclaimer in a patent claim serves to remove non-patentable subject matter [...]
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