ETIRA

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ETIRA

• European association
• of
• cartridge remanufacturers

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ETIRA

• Patents
• A permanent problem

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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

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ETIRA

• Generic patents on remanufacturing
• affecting all remanufacturers

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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

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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

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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 ?

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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

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Timeline of events (whole process may take 1-2
years)
European Patent Office (EPO) to analyze our
opposition
2006
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
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ETIRA

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

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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