1 / 11

ETIRA

ETIRA. European association of cartridge remanufacturers. ETIRA. Patents: A permanent problem. ETIRA. 2 kinds of patents: Generic patents on remanufacturing: affecting all remanufacturers Product-specific patents on original cartridges:

nigel-austin
Download Presentation

ETIRA

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. ETIRA European association of cartridge remanufacturers

  2. ETIRA Patents: A permanent problem

  3. ETIRA 2 kinds of patents: Generic patents on remanufacturing: affecting all remanufacturers Product-specific patents on original cartridges: only affecting remanufacturers who remanufacture that specific type

  4. ETIRA Generic patents on remanufacturing: affecting all remanufacturers

  5. Generic patents on remanufacturing: EPO 940258- “Inkjet container refurbishment method” -applied for in 1998 (=date of priority) -granted to HP in 2005 -HP says that patent covers: A method for refilling an ink container, ie. dismantling, creating opening; refilling through hole; resealing the opening; reassembly cap and refurbishment of memory device ETIRA filed legal opposition in February 2006

  6. Generic patents on remanufacturing: EPO 632 342 - “Remanufacturing method of a process cartridge” -applied for in 1993 (= date of priority) -granted to Canon in 2005 -Canon says that patent covers: A remanufacturing method of a process cartridge comprising disassembling, creating opening; removing residue with solvent, opening filling through hole; sealing in various ways, etc ETIRA to file legal opposition before May 2006

  7. Generic patents on remanufacturing: EPO 150 618 – Color toner “Remanufacturing method of a process cartridge” -applied for in 2004 (= date of priority) -still to be granted to Canon -Canon says that patent covers: A remanufacturing method of a process cartridge comprising separating drum and developing unit, several dismounting steps (in various ways), developer refilling, several mounting steps (in various ways), reconnecting drum/unit ETIRA to file legal opposition before ……?

  8. ETIRA Opposition against patents Challenge: To prove that this activity is not new, prior art existed Need to supply evidence based on: old publications, trade magazines, sales brochures, etc Many thanks to our evidence contributors: Recycler, I-ITC, Recharger, many members, etc

  9. Timeline of events (whole process may take 1-2 years): 2006 European Patent Office (EPO) to analyze our opposition EPO to ask OEM for comments on opposition – possibly a hearing session with both parties is held EPO Decision: positive, negative, or order to modify patent 2007/ 2008 Remanufacturers can still fight validity of the patent in the national courts- but these will take EPO opposition findings into account

  10. ETIRA Product-specific patents on original cartridges: only affecting remanufacturers who remanufacture that specific type

  11. Product-specific patents: -Heiber patents -Epson patents on US market Over 24 firms involved US Internat Trade Commission started investigation (section 337) on 20 March ETIRA to discuss action to be taken

More Related