DII 2019: Shoe soles
The DII paper of 2019 related to shoe soles for running shoes. Your client is a German shoe manufacturer, FASTER, whose main markets are Germany and Austria. FASTER has its only factory in Germany. Its owner found out that all metal nanoparticles modify the foam structure of a shoe, thereby improving the energy storage of the shoe sole. The increase depends on the type of material (any metal, in particular copper; Silica) and on the size of the nanoparticles. Slightly more than a year ago, your client had filed several patent applications, EP-F1, EP-F3, EP-F2.
An Australian competitor, HIKE, is also active in the field of running shoes, and has its only factory in Austria. HIKE made several announcents of the internet, and has two patents: a national Austrian patent AT-H with a broad claim scope, and a European patent EP-H which has a problem with its translation (EP-H was originally filed by a Chinese company, LONGRUN, in Chinese, and the English translation has a major error in it).
There is also a Mr Furious, a former employee of tours, who sold information to HIKE when he was angry for not getting promoted.
In this paper, analysis of priority was a key topic, and partial priority was present very pronouncedly -as expected-. Mr Furious' acts are an evident abuse against your client, and gave the opportunity to file a new application for Silica nanoparticle soles.
Below we give our answer, with a quite complete discussion as to whether priority is valid or not, what all the prior art is, novelty, inventive step, provisional protection, full protection, etc.
(For DI, see here; for general impressions to D as a whole, see here).
Our answer:
An Australian competitor, HIKE, is also active in the field of running shoes, and has its only factory in Austria. HIKE made several announcents of the internet, and has two patents: a national Austrian patent AT-H with a broad claim scope, and a European patent EP-H which has a problem with its translation (EP-H was originally filed by a Chinese company, LONGRUN, in Chinese, and the English translation has a major error in it).
There is also a Mr Furious, a former employee of tours, who sold information to HIKE when he was angry for not getting promoted.
In this paper, analysis of priority was a key topic, and partial priority was present very pronouncedly -as expected-. Mr Furious' acts are an evident abuse against your client, and gave the opportunity to file a new application for Silica nanoparticle soles.
Below we give our answer, with a quite complete discussion as to whether priority is valid or not, what all the prior art is, novelty, inventive step, provisional protection, full protection, etc.
(For DI, see here; for general impressions to D as a whole, see here).
Our answer: