I've written before about how patent publications often provide the first clue as to products of the future. On that note, I see that a recently published patent application from Tesla seeks to protect the use of lasers in place of windscreen wipers. Only time will tell if will become a commercial reality.
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This is an interesting report (rather long, but the shorter key findings document is a good summary) about why SMEs file patents at the EPO. I have had discussions with SME clients about the reasons for them filing patents, and they have all mentioned the fact that it will help them in negotiations, possibly with regard to cross-licensing and co-operation with other entities, so the report agrees with my own experience. The report also identifies some issues that SMEs have when looking to...
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One inevitable hazard of my job is that my client's competitors will often attempt to misinterpret what I write in order to try to avoid falling foul of my client's rights. So an important part of the value I bring is to write in a way that tries to reduce the risk of misinterpretation. This video demonstrates, in a very light-hearted way, just how straightforward it can be for a reader to understand the words whilst at the same time deliberately avoiding the meaning of the message in its...
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When I mention my profession to people, perhaps when I'm at a dinner party or chatting to a taxi driver, one of the most common questions I'm asked is: "what's the best invention you've ever seen?". I'm always slightly torn about how to answer. Because it depends on what you mean by "best". Is it the invention that represents the greatest leap forward? Or the one that solves the biggest problem? It's entirely possible to have one but not the other. Protecting conceptually simple inventions...
Read MoreIn Europe, a patent claim lacks novelty when its subject matter has been disclosed to the public by publication or otherwise before the filing date of the claim. This is covered in Europe by Article 54(2) of the European Patent Convention (EPC). Any disclosure relevant to the patentability of a claim under Article 54(2) EPC may be used not only as basis for an allegation that the claim lacks novelty but also as part of an allegation that the claim lacks an inventive step. This approach is...
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Following a year of increasing conflict between the creators of the classic computer game ‘Star Control’, Fred Ford and Paul Reiche III, and Stardock, a company that had acquired Atari’s rights to the game in 2013, the conflict appears to have been resolved in the space of a single phone call. Reportedly the call started with Reiche, a medieval enthusiast with a passion for beekeeping (originally with the intention of producing mead), asking advice from Brad Wardell (CEO of Stardock and keen...
Read MoreLondon Craft week 8-12 May 2019, an annual event to showcase craftsmanship. IP protection can be vital to ensure such works can be shared whilst providing protection for the creators and owners of such works. If you would like further advice get in touch.
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I have posted before on issues to keep in mind when considering filing an anonymous opposition against a European patent. Recent case law confirms that, even if you are happy to reveal your identity after the event, it probably will not help you. This particular case shows that, if the straw person has no legitimate interest in accelerating proceedings, the fact that the real protagonist has considerable legitimate interest makes no difference.
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Businesses always need to think carefully about how best to use limited resources. This can be particularly acute for startup companies. Perhaps you've developed a new platform that works perfectly in the lab but you don't have the know-how in house to scale it into a commercial product. Or maybe you're concentrating on the first product and so don't currently have the resource to develop the follow-up product beyond a vague concept. Or perhaps there's one step in the development chain that...
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Seeing the words "$31 million ... is small change" seems unreal to an individual like me, but in patent infringement cases, particularly in the USA, this really is small change. As Apple and Qualcomm position themselves before their next "big" case set for April 2019 - where sums in the $billions are being mentioned - this latest finding has been indicated by Qualcomm as a validation of its technology’s importance to iPhones. After the most recent finding Don Rosenberg, Qualcomm's general...
Read MoreThe UK IPO has produced a free guide focused on trade mark basics for businesses and professionals. Topics such as what is a trade mark, the classification of goods and services, and the value of trade marks are covered in what looks to be a very useful guide for those dealing with and considering trade mark protection.
Read MoreIt’s International Women’s Day today, so a good time to post something on achieving gender balance, which I think starts with instilling gender balance during the formative years in education and in the homes that children are growing up in during that time (for example, why do women still do more housework, even when they are working the same hours as their partner? Read, for example,...
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I was honoured to be asked to write a short comment for the IP Inclusive blog on diversity in the IP Profession, with an emphasis what I have seen change over my 18+ years of practise. If you click through to the IP Inclusive blog you will also see what I hope will happen to further ensure more balance.
Read MoreAmazon has announced that it will give brands the power to remove listings of counterfeit products themselves. Previously, brands would have to wait for Amazon to take action once a counterfeit product was reported. They have also announced a feature which allows manufacturers to give unique serial numbers to their products so that the authenticity of the product can be checked in each sale. These new developments could be a boost to brand owners in the fight against counterfeit products. We...
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Whilst wearing my hat as a committee member for the Women in IP group (under IP Inclusive), I was considering the number of women in the IP Profession, specifically in my own technical area of engineering. This led to me thinking about the situation when I was at University, too many years ago to contemplate, where I was one of very few females on my Mechanical Engineering course. I was hoping that when I looked into some more recent statistics these would show the proportion of females...
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