What do Laos and Costa Rica have in common?
They are places that, at some point soon, you’ll be able to validate a European patent. The EPO has recently announced that
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They are places that, at some point soon, you’ll be able to validate a European patent. The EPO has recently announced that
There has been a new referral to the European Patent Office’s Enlarged Board of Appeal which may result in a broadening of
Spray-dried coffee and freeze-dried coffee powders are well-known staples in your local supermarket. Freeze-dried coffee has characteristic shard like grains, whereas spray-dried
The UK Government has recently announced their plans to launch a new platform to provide AI assurance services. With a recent increase
The first Unified Patent Court (UPC) decision (Plant-e v. Arkyne) discussing the doctrine of equivalents has recently published. In the decision, the
Summary In a decision dated 12 November 2024 the Court of Appeal (“CoA”) of the Unified Patent Court has clarified that Art.
Only a decade ago, the primary focus of patents in the food industry seemed to be on increasing yields or producing the
The Council of the European Union has recently adopted two legislative acts under the design package: a revised directive on legal protection
Back in 2023, we reported on the European Parliament passing the EU AI Act. Over a year later, on 1 August 2024,
Benchmarking is commonplace within the retail market. This is the process in which a company compares its products and methods with those of the most successful companies in
What is “Blanding”? Blanding is the paradox of branding: it refers to the repetitive and growing trend of brands adopting similar minimalist
Key points Last year, my colleague Ross Chapman reported the latest on the ongoing description amendments saga at the EPO (link). This
The European Patent Office (EPO) annually recognises exceptional individuals whose inventions are making a significant contribution across sectors to drive technological progress,
Previous case G1/92 referred questions to the Enlarged Board of Appeal regarding whether the chemical composition of a product is made available
As online sales rise and technology advances, counterfeiting of goods is becoming increasingly problematic for many brands. Counterfeit goods are imitations of
Opinion of the Advocate General regarding joined cases Teva II (C-119/22) and MSD (C-149/22) Two referrals have been made to the Court
Today, 1 September 2024, Romania joins the Unitary Patent system. This is the first territorial extension of the Unitary Patent since it
Artificial intelligence (AI) is a powerful tool which can, and most likely already has, impacted tasks you perform on a day-to-day basis.
There has long been a debate as to the extent to which UK registered design law can protect a product formed of
With recent advances in artificial intelligence (AI), there has been discussion around the world as to whether innovations assisted by AI are
The Court of First Instance of the UPC, in decisions dated 4 and 31 July 2024, ordered the revocation within the relevant
The UK Intellectual Property Office (UKIPO) has reintroduced its IP Advance scheme which enables eligible start-ups and SMEs to receive funding for
On 16 July 2024, the UPC Munich Central Division issued its first decision on the merits in the dispute between Sanofi and
Not quite eight months have gone by since, at a snap, the High Court judgement in favour of Emotional Perception AI Ltd
In an era where sustainability and environmental consciousness are increasingly critical to consumers, companies are leveraging IP to innovate, protect, and promote
Since the UPC opened its doors and the first Unitary Patents were filed in the summer of 2023, the unitary route for
A European Patent Office (EPO) Board of Appeal has recently referred three questions to the Enlarged Board of Appeal to seek clarity
On 3 July 2024, the Local Division in Düsseldorf issued the UPC’s first ever full judgement on an infringement action in the
As of today (27 June 2024) the Milan section of the central division of the Unified Patent Court (UPC) has officially opened
In the highly competitive fashion industry, protecting the uniqueness of a fashion brand and its products from pressure and copycatting by competitors
The Unitary Patent system entered into force on 1 June 2023. In the first year, the European Patent Office received 28450 requests
On 11 April 2024, Romania published its ratification of the UPC Agreement. The ratification now needs to be deposited with the EU.
On 4 June 2024 the UPC Court of Appeal provided their first decision on the validity of opt outs in the case
Case overview In the recent invalidity decision, the proprietor was HM Laser, a manufacturer of laser cutting machines. The Applicant was Xiaomi,
The importance of green technology to society has seen the implementation a number of fast-track patent programmes for green technology by patent
Until late last year, the law relating to the patentability of AI-innovations at the UK Intellectual Property Office (UK IPO) had been
In a declaration in March 2024, as a part of the consultation on primary trade mark legislation, the Government of Jersey has
In a third (and we hope final) update on whether or not the EPO accepts digital signatures on assignments/licences/other agreements, we can
The Unified Patent Court (UPC) has recently released updated details of the case load of the Court* since it commenced operations in
The EPO has recently announced, among other fee changes, new Rules enabling specific types of small companies to claim a discount of
Following the UK’s exit from the European Union (EU), Retained EU Plant Variety Rights were awarded to provide continuing protection in the
Just as it looked like Sir Anthony Mann’s High Court judgement in the Emotional Perception AI case would be the last most
Sometimes things move very fast in UK patent law. Today, eight days after the England and Wales High Court decision overturning a
Further to our previous bulletin reporting that the EPO were now accepting electronic signatures on assignments, a recent decision by an EPO
The Enlarged Board of Appeal’s recent decision in consolidated cases G1/22 and G2/22 has greatly simplified the consideration of priority entitlement at
In Opposition and Appeal proceedings at the EPO, the questions of when and how to turn to the description to interpret the
The EPO has published its Guidelines to provide guidance on various proceedings before the EPO, such as for the search and examination
With the recent expansion in artificial intelligence (AI) and machine learning technologies, and an associated rise in the number of AI related
A recent decision from the EPO’s Technical Boards of Appeal (T2803/18) highlights a pitfall for applicants wishing to patent systems and methods
As artificial intelligence (AI) continues to advance and transform various industries, the protection of AI-related inventions through patents becomes increasingly important. Artificial
China is proposing to overhaul its trade mark law, largely in an effort to combat the scourge of bad faith filings. On
The EPO’s plans to abolish the 10-day notification rule will come into force on 1 November 2023. With just a month to
The UK Intellectual Property Office (IPO) has recently updated its guidance relating to Address for Service (AFS) in the UK. The guidance
In June 2023, the US Senate proposed changes to US patent law to address patent subject matter eligibility, inter partes reviews and
In a previous bulletin we reported on the EPO’s ever more onerous requirements for amending the description to conform with any amendments
Following the UK’s exit from the European Union (EU), Retained EU Plant Variety Rights were awarded to provide continuing protection in the
Can a product be simultaneously available and unavailable to the public? In T 0438/19 , the Board grappled with questions regarding the criteria
The EPO has published its Guidelines to provide guidance on various proceedings before the EPO, such as for the search and examination
On 9 July 2020 the Court of Justice of the European Union (CJEU) handed down its decision in Case C-673/18, a referral
On 27 April 2023 the European Commission published proposals concerning supplementary protection certificates (SPCs) for medicinal products and plant protection products. SPC protection
On the 1 June 2023, the Unified Patent Court (UPC) opened its doors for business and some of the first customers were
After years in the planning, the Unified Patent Court (UPC) opened its doors for business on 1 June 2023, also bringing an
Jo Pelly, Partner, wrote recently about the Unified Patent Court’s division of work between its Central Divisions in the article: UPC Central Divisions
Of course, the first rule of writing any article is try not to include references that date it – when it comes
The Unified Patent Court (UPC) has a complicated Court structure, including a Court of First Instance made up of Central, Local and
Background One of the more unique, and often debated, aspects of prosecution before the EPO is the requirement that the description and
The EPO have published further information in a Notice in the Official Journal dated 6 March 2023 in preparation for the abolition
The EPO have published further information in a Notice in the Official Journal dated 6 March 2023 in preparation for the abolition
In 2019, the EUIPO’s Cancellation Division raised some eyebrows in the trade marks world when they revoked in full the BIG MAC
The Enlarged Board of Appeal of the European Patent Office issued the decision in referral G2/21 on 23 March 2023. This referral concerned the admissibility of post-published evidence in the assessment of inventive step.
Following an earlier dispute over a trademark relating to a certain caterpillar cake, Marks and Spencer PLC (M & S) and Aldi
The EPO are increasing their official fees on 1 April 2023. This fee increase is unusual in that the EPO has historically raised its fees every two years.
A recent decision from the EPO’s Technical Boards of Appeal (T2803/18) highlights a pitfall for applicants wishing to patent systems and methods
The EPO introduced the latest version of the Guidelines for Examination on 1 March 2023. Some of the revisions are highlighted below.
A recent decision from the EPO’s Boards of Appeal (T 0702/20) provides a practical example of where the boundary lies in terms of
After years of uncertainty in the timeline of the Unified Patent Court (UPC), it has just been announced that Germany will ratify
After years of uncertainty in the timeline of the Unified Patent Court (UPC), it has just been announced that Germany will ratify
The European Patent Office (EPO) has recently ruled that patients in a clinical trial were not members of the public such that
The way of determining the compliance period of a UK divisional application is changing on 1 May 2023. From 1 May 2023
The EPO has recently issued a decision confirming that oral proceedings before examining divisions, the Legal Division, the Receiving Section and now,
The Unified Patent Court (UPC) have today announced that the start of the Sunrise Period for the new UPC is being delayed
As we wait to see if the previously indicated start date for the sunrise period of the opening of the #UnifiedPatentCourt is
As of 1 September 2022, the EPO are providing a new, free of charge, service that involves carrying out a top-up search
Plausibility: Insights from the G 2/21 preliminary opinion The EPO’s Enlarged Board of Appeal (EBA) referral G 2/21 will hopefully clarify the
The Chartered Institute of Patent Attorneys (CIPA) has reported that the Administrative Council of the EPO passed a package of rules, on
Registered design protection is an effective way of protecting a product’s market share from similar looking competing products and obtaining registered designs can significantly improve a company’s position in case a dispute arises.
The Preparatory team for the Unified Patent Court (UPC) has just issued an ‘implementation roadmap’ outlining the key activities and milestones of
The fading of summer is often one of those times to finish off all of those tricky projects that have built up.
It has been almost exactly five years since the legendary sprinter Usain Bolt last took to the track: in fact, I was
For some time now, there have been 38 EPC member states. However, from 1 October 2022, Montenegro (ME) will become the 39th
Just as the days (in the UK at least) start getting shorter the UK government has published its response following the consultation
Whilst the dispute continues as to who (if any) among the Artificial Intelligence (AI) “DABUS” and its creator Dr Stephen Thaler can
A few months into the Provisional Application Phase, the Unified Patent Court (UPC) is definitely gaining momentum. Judges are being interviewed and
A few months into the Provisional Application Phase, the Unified Patent Court (UPC) is definitely gaining momentum. Judges are being interviewed and
Registered design protection is an effective way of protecting a product’s market share from similar looking competing products and obtaining registered designs
Assignment documents filed electronically may now be signed using ‘qualified electronic signatures’. Previously Previously, assignments, licences and other agreements for recordal were
The Provisional Application Phase (PAP) of the Unified Patent Court (UPC) has finally started! Austria deposited their ratification of the PAP-Protocol on
The Provisional Application Phase (PAP) of the Unified Patent Court (UPC) has finally started! Austria deposited their ratification of the PAP-Protocol on
Ever since the Supreme Court shook up the patent landscape in the UK with their decision in Actavis v Eli Lilly there has
The Enlarged Board of Appeal of the European Patent Office has been challenged with a new referral (G2/21) concerning the admissibility of
The new Unified Patent Court (UPC) is expected to open its doors in late 2022 or early 2023. The UPC will be
We’ve known for a while that the Unified Patent Court (UPC) was getting closer to becoming a reality after a very bumpy
The Enlarged Board of Appeal of the European Patent Office (EPO) has been grappling with the question of when videoconference oral proceedings
The UPC Preparatory Committee met on 27 October 2021, and it seems that preparations for the Unified Patent Court (UPC) are warming
Hot on the heels of the UK Court of Appeal judgement in Thaler v Comptroller General of Patents (reported in our previous
The European Unitary Patent is slowly entering the home straight. The Federal Constitutional Court in Germany rejected the constitutional complaint against the
The long running saga of the AI “DABUS” and its creator Dr Stephen Thaler reached yet another milestone this week with the
The Second Chamber of the General Court in Lego A/S v. EUIPO (Case T-515/19) have issued their decision to annul the decision
The Unified Patent Court (UPC) reminds me of a soap opera story line where you are always wondering if two particular characters
With no provision in the European Patent Convention (EPC) prohibiting double patenting, is the European Patent Office (EPO) nevertheless allowed to refuse
It is a well-known principle under UK patent law that any subject matter that the public can access without breaching a duty
The deadline for filing Plant Breeders’ Rights (PBR) applications based on EU Community Plant Variety Rights (CPVR) applications which were pending at
The European Patent Office (EPO) has recently undertaken revisions to its Guidelines for Examination. Included in the changes, due to come into
The latest changes to the EPO Guidelines for Examination provide several updates to (i) the patent protection of antibodies, and (ii) the interpretation
The latest changes to the EPO Guidelines for Examination provide several updates in relation to the patent protection of (i) plants and
The European Patent Office (EPO) has recently undertaken revisions to its Guidelines for Examination. Included in the changes, due to come into
The European Patent Office (EPO) has recently published upcoming changes to the rules regarding the providing of inventor address information to the
The EPO has recently published an advanced preview of the new Guidelines for the Examination which will come into force on 1
In cases of UK patent infringement, the courts may grant a variety of remedies to successful claimants (including damages, court-ordered injunctions, and
Many designers rely on Unregistered Design Rights to protect their products in the UK and the EU. However, designers need to be
This bulletin covers some important changes to trade mark and design rights in the UK that will take place on 1 January
Last year, the UK Intellectual Property Office (UKIPO) rejected two UK patent applications (GB1816909.4 and GB1818161.0) on the grounds of an invalid
In recent years, the European Patent Office (EPO) has made it eminently clear that European patents may be granted for machine learning
The Australian Patent Office will be changing various official fees for patents, trademarks and designs from 1 October 2020. Notably, patent renewal
The Court of Justice of the European Union (CJEU) has ruled in Santen (C‑673/18) that a Supplementary Protection Certificate (SPC) cannot be
Oral Proceedings are a common occurrence during the opposition procedure at the European Patent Office. Importantly, these proceedings provide the patentee and
On 8 July 2020, the Court of Appeal issued its decision in the Emson v. Hozelock case ([2020] EWCA Civ 871). The
It was recently announced that the UK has notified the European Council that it has withdrawn its ratification of the Unified Patent
The thorny issue of the patentability (or otherwise) of inventions involving computer simulations at the EPO has been provided with an ending,
When does a technical product become eligible for copyright protection? This is the question the Court of Justice of the European Union
In the latest of a series of judgments concerning the interpretation of Article 3(a) of the SPC Regulation, the Court of Justice
On 3 April 2020, the Technical Board of Appeal of the European Patent Office issued a decision for Appeal T1749/14 against refusal
One of the changes to the Rules of Procedure of the Boards of Appeal (RPBA) which came into force on 1 January
The Enlarged Board of Appeal (EBA) of the EPO has confirmed in decision G3/19 that plants, plant material or animals exclusively obtained
In a further blow for the Unified Patent Court(UPC), the German constitutional court has today announced that the German ratification of the
Many designers rely on Unregistered Design Rights to protect their products in the UK and the EU. However, designers need to be
The European Patent Office (EPO) has published its latest statistics for European patent applications in 2019. In addition to overall surges in
In the latest instalment of a prolonged and litigious saga between Eli Lilly and Genentech, the UK High Court has ruled that,
The EPO’s updated Guidelines for Examination for March 2021 introduces a significant change regarding amendments required to the description before a European
As was widely reported last year, a series of patent applications has been filed in the name of Dr Stephen Thaler, for
Although substantive law regarding the grant of patents is largely harmonized across Europe, post grant infringement and validity procedures differ from country
The Court of Justice of the European Union (CJEU) has today issued its eagerly-awaited judgment in the SkyKick case no. C 371/18.
As 2019 drew to a close, a statement was issued by the Chairman of the UPC Preparatory Committee, Alexander Ramsay. As well
Previously, the main obstacle to implementation of the Unified Patent Court and Unitary Patent system was the ratification of the UPC Agreement