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:only affecting remanufacturers who remanufacture that specific type

ETIRA

Generic patents on remanufacturing:affecting all remanufacturers

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

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

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 ……?

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

Timeline of events (whole process may take 1-2 years):

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

Remanufacturers can still fight validity of the patent in the

national courts- but these will take EPO opposition findings into account

2006

2007/

2008

ETIRA

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

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