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INSIGHTS IP-TECH
Scanning of the latest developments in foreign intellectual property: Europe and Africa

2025/12/15 16:31:26

The field of intellectual property has always been in a dynamic evolution, with countries constantly adjusting and optimizing their policies in this area, and institutional reforms and innovative measures constantly emerging. San You closely monitors international developments and will share the latest developments in the field of foreign intellectual property in several episodes.

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Part 01 European Bureau of Experts

The European Commission recognizes that commercially available products constitute existing technology

On July 2, 2025, the European Patent Office's Expanded Appeals Board (the highest judicial body within the framework of the European Patent Convention, whose core responsibility is to ensure the uniform application of the Convention) issued decision G 1/23 on solar cell related cases, concluding that products put into the market shall not be excluded from the existing technology referred to in Article 54 (2) of the European Patent Convention solely because technical personnel in this field are unable to reproduce their composition or internal structure.

In the basic case submitted for trial, the focus of the dispute between the two parties is whether the commercial polymer product used to manufacture a certain solar cell was already available before the disputed patent application date, but the product could not be reproduced by the technology at that time. Therefore, does the product still belong to the existing technology? The core of the dispute is the interpretation of the "reproducibility requirement" in the expanded appeal committee's Opinion G 1/92, which stated that "when the product itself is publicly available and can be analyzed and reproduced by technical personnel in this field, its chemical composition constitutes existing technology".

After expanding the analysis of the multiple interpretations of the "reproducibility requirement" in Opinion G 1/92 by the appeal committee, it is clarified that "reproducibility" not only includes "manufacturing products from starting materials different from the product", but also includes "technical personnel in this field repeatedly obtaining products from the market". Therefore, "reproducibility requirement" should be broadly understood as "the ability of technical personnel in this field to acquire and possess physical products". Products that are put into the market naturally meet this requirement. Even if technicians are unable to reproduce the product, its components, and internal structure, publicly available technical information related to the product still belongs to existing technology.

Part 02 Montenegro

Montenegro joins the London Agreement

On April 9, 2025, Montenegro deposited its instrument of accession to the London Agreement. According to Article 6 (2) of the agreement, this agreement will come into effect for Montenegro on August 1, 2025, making Montenegro the 23rd contracting party to the agreement.

According to the new rules, for European patents granted on or after August 1, 2025 and effective for Montenegro, if the patent is granted in English or an English translation of the patent has been submitted in accordance with Article 65 (1) of the European Patent Convention, a Montenegrin translation of the European patent specification is not required, but a Montenegrin translation of the claims must always be provided.

The above new rules do not apply to European patents granted before August 1, 2025, and modified through opposition, appeal, or limitation procedures on or after that date.

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Part 01 Egypt

Egypt raises patent examiner fees

On June 17, 2025, the Egyptian Intellectual Property Office (EGIPA) issued Official Resolution No. 26 of 2025, announcing an increase in the examination fees for patent applications, which officially came into effect on June 18. The cost adjustment this time is significant, with the examination fee for patent applications raised from 25000 Egyptian pounds (EGP) to 50000 Egyptian pounds, which is a major adjustment in the cost structure of patent applications.

Part 02 Zanzibar

Zanzibar Intellectual Property Office raises fees

The Industrial Property Office (ZIPO) of Zanzibar (a semi autonomous region of the United Republic of Tanzania) has officially announced an increase in fees related to various intellectual property matters, including trademarks and patents, effective from August 11, 2025. This fee adjustment is based on the Zanzibar Commercial and Property Registry (Fees and Charges) Regulations and was published in the Government Gazette CXXXIV Volume 7369 on July 18, 2025.

The revised fee increase is significant and applies to both new and pending applications. It is worth noting that for pending applications that have not yet paid official fees as of the effective date, the adjusted fees will have retroactive effect.

In addition to the increase in fees, the regulation also establishes corresponding fees for specific behaviors and objection hearings during the review period.