Normally, at the European Patent Office (EPO) a post-grant opposition can be filed within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin (Article 99(1) EPC). After this deadline, the European patent splits into a bundle of national rights, and each national right must be challenged for validity separately. There is therefore a clear benefit to filing an opposition before this deadline expires. In the light of the COVID-19...
PCT applicants will soon be able to obtain patent protection in Italy directly. The Italian Patent and Trademark Office have confirmed they will be opening the national route from 1 July 2020. There are different routes for obtaining patent protection. You can file a direct application in each country of interest, file a regional application that covers several countries, or file an international (PCT) application which is then converted into individual applications in each country/region of...
Throughout this isolation period we have seen reports of the lack of personal protection equipment (PPE) to help us defend our community against the COVID 19 pandemic. The government has been regularly updating us, whilst trying to source more from overseas countries like Turkey. It seems, and it is understandable, that the demand is higher than the current supply. The people have provided the answers. Across the world people have been designing, manufacturing and sharing new face shields...
Obtaining a patent for a software invention is often not easy, and many will recall that immediately following the June 2014 decision of the U.S Supreme Court in Alice Corp v. CLS Bank International (“Alice”), it became harder. In Alice, the US Supreme Court concluded that generic computer implementation does not transform a patent-ineligible abstract idea into a patent-eligible invention. In the years that followed, the Federal Circuit issued several decisions, and the USPTO issued...
It is probably safe to say that COVID-19 has affected the daily lives of most people across the world. Indeed, many of us will be isolating from others (in some shape or form) in the absence of an established COVID-19 therapy that would bring case numbers down and give us the security to go about as normal. Currently, medical practices aim to relieve symptoms, provide supportive care and treat any secondary infections that may arise. However, at an unprecedented pace, the movement towards...
It has been possible for many years to carry out oral proceedings before the examining division of the European Patent Office (EPO) via videoconference. Until the COVID-19 lockdown situation hit, this was always at the request of the patent applicant. However, this has been reversed by the recent Decision of the President of the EPO dated 1 April 2020 which sets out that examining division oral proceedings will be carried out by videoconference by default. In person oral proceedings may still...
As we watch the world change behind our own closed doors, some are looking to be apart of that change. As already discussed in Jade Watt’s post, several Intellectual Property Law firms have already reported an increase in filings of new patents in the months in lockdown compared to the same period in previous years. As it is frequently reported in the news, some countries are looking to implement a tracing app, antibody tests, and other ways to help ease us out of lockdown; with a highlight...
Genetic factors play important roles in the progression various diseases, including cancer, heart disease and, pertinently, viral infections. The UK has seen over 33,000 deaths and 220,000 recorded cases of COVID-19. Understanding the genetic factors that drive susceptibility to this disease would assist in directing treatment and preventing further fatalities. In a recent report by the Office of National Statistics, it was observed that individuals of different ethnic groups experienced...
The EUIPO has upheld an opposition brought by the makers of Ardbeg whisky, that delightfully peaty Islay dram, against an application by a Liechtenstein-based entrepreneur to register 'ArlbergWhisky' as an EU trade mark for alcoholic beverages. I am not certain I agree that consumers would in reality perceive ARLBERG as a sub-brand of ARDBEG, as is suggested in the EUIPO's decision, but the former mark is certainly evocative of the latter and taking into account imperfect recollection it is...
Nominet, the Registry responsible for .uk domain names, has recently suspended over 180 .uk domain names using the terms "covid-19" or "coronavirus", over concerns that the domain names had been registered for malicious purposes. This follows warnings from the National Cyber Security Centre and the National Crimes Agency about an increase in online phishing activity and organised crime targeting the UK. A small number of the domain names were reactivated after Nominet was satisfied that...
Whilst the world is still finding its feet in light of the recent changes to working habits during lockdown, there is hope of a silver lining in the world of patents. Law firms have reported a recent surge in patent inquiries. Whether it’s from boredom, less distractions, or the free time to finally put their plans into action, the UK public seem to have taken a shine to inventing. Despite the extra time at home, it’s not all eccentric science experiments. Unsurprisingly, Covid-19 related...
It comes as no surprise that CO2 emissions have dropped dramatically as a result of the worldwide travel restrictions and 'lockdowns'. Air travel has been suspended and the roads are barren. Although this may mean that, among other things, cyclists have been given almost free rein of the roads when cashing in their daily doses of exercise, it has had an obvious and significant impact on the atmosphere. Multiple sources have indicated that 2020 may see the largest decrease in carbon output...
The EUIPO has ruled in opposition proceedings between UFC fighter Conor McGregor's company, McGregor Sports and Entertainment Limited, and Dutch clothing firm McGregor IP B.V. McGregor Sports and Entertainment Limited had applied for an EUTM for CONOR McGREGOR in respect of a wide range of merchandise goods including "clothing; footwear; headgear". McGregor IP B.V. opposed this application on the basis of their EU trade mark registration D.D. McGREGOR, registered for "clothing, footwear,...
Does what it says on the tin. This week’s playlist is an unruly jumble of bangers to enjoy as we head into a Bank Holiday weekend here in the UK. Many of these are NSFW so, yes, be warned. This week kicks off to a rocky start (sorry for the pun) with Celebrity Skin, by Hole. This is followed by the electro classics Out of Space, by The Prodigy and Rock the House, by Gorillaz. Up next is the effortlessly cool Brothers On The Slide, by Cymande and BEST INTEREST, by Tyler, The Creator. Groove...
The Academy of Motion Picture Arts and Sciences has applied a temporary exemption to its usual nomination rules, stating that films that debut on streaming or video on demand services will be eligible to be nominated for the 2021 awards. Previously, films nominated had to have been shown in a Los Angeles cinema for at least one week, but of course, cinemas are closed and several films are being released straight to streaming or download services. Even when cinemas reopen, social distancing...
