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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:

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ETIRA

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  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

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