The Broad Institute recently saw their CRISPR patent finally revoked before the EPO's Board of Appeal due to lack of priority. Following this decision Broad has requested a number of corrections to the Minutes of Oral Proceedings before the Board of Appeal. The requested changes are considered to be required to reflect a failure of the Board of Appeal to discuss a potential referral to the Enlarged Board of Appeal and appear to be a last-ditch attempt by the Patentee to pave the way for a...
Since the British people voted to leave the EU, the future of the UK's position within the Unified Patent Court (UPC), and the UPC's entire future, has been in doubt. This week the British government appears to have put the final nail in the coffin with the publication of its mandate for negotiating a future relationship with the EU. In paragraph 5 of the paper it is confirmed that the UK will not agree to any obligations which require our laws to be aligned with the EU or under the control...
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.
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...
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...
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...
In 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...
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...
London 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.
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.
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...
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...
The 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.
It’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,...
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.
