The IPKat

OCTOBER 26, 2022

The breadth of the patent claims upheld on appeal may well be astonishing to US readers used to the onerous US sufficiency requirements. In contrast to the US, the decision from the EPO Boards of Appeal is a case study of how functional claim language that wouldn't pass muster in the US, can be used to great effect in Europe.

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Invention Patent Law Art 83

The IPKat

DECEMBER 24, 2022

As a busy year comes, take the time to settle down with your favourite feline friend, a mince pie and the annual IPKat EPO Boards of Appeal roundup. IPKat has also sifted through the 100s of Boards of Appeal decisions published in 2022, to bring you the most eye-catching and relevant to ongoing EPO practice.

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The IPKat

APRIL 6, 2022

Antibodies may be defined in a patent claim by their amino acid sequence, by their target (epitope) and/or their functional characteristics. Despite this, there is a dearth of EPO Boards of Appeal case law on the allowability of epitope and broadly functional language in antibody claims. The claimed antibody was specific for NKG2A.

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Art Invention Patent Law 130

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. can significantly complicate the coordination of a global patent strategy. PDF copy available.

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Patent Prosecution Invention Inventor Patent 75

The IPKat

JANUARY 17, 2022

The reasoning of the CAFC makes a striking contrast to how the doctrine of "obvious-to-try" is applied by the EPO and the national courts of Europe. The reasoning of the CAFC makes a striking contrast to how the doctrine of "obvious-to-try" is applied by the EPO and the national courts of Europe.

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Patent Invention Art Patent Application 73

SpicyIP

FEBRUARY 10, 2024

The findings of this short judgement have possible significant implications on the jurisprudence regarding 3(k) and business methods in the Patent Act. The Controller of Patents and Designs in July which had rejected a patent application for being primarily a claim to business method. extracted in Para 5 of judgement).

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Business Invention Privacy Patent Application 88

The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. As the year draws to a close, we also have news of a new referral to the EBA on the EPO's co-applicant approach to priority. Double-trouble ??

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Invention Publishing Patent Law 67

The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. The decision also deviates from EPO practice on sufficiency and the inventive step of selection inventions.

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Invention Patent Law Patent Law 67

The IPKat

DECEMBER 28, 2021

Following on from our IPKat EBA 2021 Year in Review , here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. As the year draws to the close, the EPO has announced the Legal Boards of Appeal decision on whether an AI can be named as an inventor (J 8/20 and J 9/20).

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Inventor Invention Patent Art 123

Intepat

DECEMBER 24, 2021

It is still rethinking how to approach and solve challenges in a wide range of sectors. The question then becomes whether these AI-generated inventions are patentable under present patent law. The question then becomes whether these AI-generated inventions are patentable under present patent law. BACKGROUND.

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The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). non-infringement or that a patent is standard essential), and on FRAND (fair, reasonable and non-discriminatory) licensing. the Bolar exemption and exhaustion).

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Patent Law Law Patent Editing 86

LexBlog IP

JULY 26, 2022

Over the past two decades or so, the number of major jurisdictions offering some form of general ‘grace period’ for filing of patent applications has grown significantly. This has largely been driven by bilateral agreements (e.g. and European universities at 12.1%.

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Patent Patent Application Invention Reporting 52

The IPKat

MARCH 6, 2022

with specific examples of how well-known companies are filing trade mark applications related to the use of tokens in virtual environments. with specific examples of how well-known companies are filing trade mark applications related to the use of tokens in virtual environments. Meanwhile, in Japan, Apple Inc.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

LexBlog IP

JANUARY 4, 2023

Software patentability remains a tricky issue, raising questions about a computer program’s inventive step and technical characteristics. However, a deep dive into the applicable legislation provides much-needed clarity for rights holders in Greece. Protection under the directive only covers a program’s code.

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Invention Patent Art Patent Application 52

The IPKat

OCTOBER 3, 2022

The Patents Court, the Court of Appeal and the Supreme Court (before that, the House of Lords) have all and for many years stressed the need for consistency with decisions of the Boards of Appeal of the EPO. News Goodbye to our GuestKat Jan Jacobi and our InternKat Alexandre Zanatta Miura. Read more here (in Spanish).

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Registration Intellectual Property IP Copyright 62

The IPKat

APRIL 24, 2023

The European Commission’s IP Action plan proposes major changes relating how standard essential patents are to be treated, as follows: 1. The European Commission’s IP Action plan proposes major changes relating how standard essential patents are to be treated, as follows: 1. This means that it is under EU authority.

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IP Marketing Marketing Licensing 80

The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. Mr Justice Mellor dismissed the application " with some regret ". The injunction gap arises in Germany because infringement is decided before and separately to validity.

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Litigation Patent Marketing Marketing 98

The IPKat

FEBRUARY 23, 2022

Cat on Zoom Legal Background : ViCo oral proceedings are suboptimal In 2021, the EPO introduced a new Rule of P rocedure of the Boards of Appeal (RPBA), Article 15a. This appeal case related to a Procter & Gamble's patent ( EP1712610 ) for laundry detergent. the COVID-19 pandemic). the COVID-19 pandemic).

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Patent Government 82

IPilogue

AUGUST 11, 2021

To illustrate, consider how the law taxes activity by a person and a machine differently. As AI continues to improve, it is going to take over an ever-increasing number of tasks that were once only performed by people. This is going to have profound consequences socially, economically, and legally.

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Intellectual Property Inventor Invention Business 112

The IPKat

JANUARY 5, 2022

The EPO Guidelines for Examination require the description of a patent application to summarise the background art ( F-II-4.3 ). It is hard to see how the addition of a simple summary of the prior art could be detrimental to the patentee. The patent as granted ( EP2657138 ) related to a food product handling system (e.g.

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Art Patent Application Patent Invention 113

The IPKat

FEBRUARY 14, 2022

A Kat trying to negotiate an early spring with Mother Nature Conferences and events EPO Tech Day 2022 - 16 February 2022 On 16 February 2022, from 1:00pm to 5:15pm (CET), the European Patent Office (EPO) will celebrate Tech Day 2022 with the online event "Technologies of Transformation: Patenting in an era of global challenges and opportunities".

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Intellectual Property Registration Patent Infringement Television 52

The IPKat

JANUARY 30, 2022

January is nearly over and it seems almost impossible to catch up with how fast time is going by. UNION-IP’s Winter Round Table will be an opportunity to debate the most recent case-law regarding VICO proceedings in opposition and other proceedings before the EPO and to discuss the current best practices.

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Privacy Intellectual Property Registration Litigation 70

The IPKat

OCTOBER 25, 2022

EVENTS 27 October 2022 | 4iP Council: webinar " IP Waiver in pandemic times " (online) This webinar provides an overview of the challenges during the pandemic and the impact of the TRIPS waiver on innovation, global public health, global collaboration, the patent system, etc. Registrations are available here. Registrations are available here.

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Intellectual Property Registration IP Technology 67

The IPKat

JULY 14, 2021

The timing of a patent filing is critical to the patent's validity. The earlier a patent is filed, the lower the risk of disclosures before the priority date destroying novelty and inventive step. In fact, the data provided in the patent in question was surprisingly light. Lewy bodies are abnormal deposits of aggregated

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Invention Art Patent Application Patent 89

SpicyIP

FEBRUARY 4, 2024

In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility” But how does this finding interact with the position of relevant laws in India? Amit is a registered Patent Agent and is currently part of IP litigation team at Sun Pharmaceuticals.

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Publishing Invention Patent IP 64

Kashishipr

JUNE 3, 2021

Therefore, an understanding of how IP assets are taxed is crucial. As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software. have attracted taxation on IP as a global issue. The United States of America.

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Intellectual Property Ownership IP Licensing 98

IP and Legal Filings

AUGUST 18, 2021

One area of law that has been undergoing constant amendments due to changing technologies are patent laws. However, how are patent laws and AI interconnected? For one, there exists no clear-cut definition of AIs in any patent laws. Today, we live in a wired world. AIs are considered as a subset of computer sciences.

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Inventor Invention Patent Law Patent Application 80

Patent Trademark Blog

DECEMBER 8, 2021

Why do patent grace periods matter? Procrastinating can be an unforgiveable offense when it comes to patenting. Nearly every country has a timing requirement for filing patents. Tardiness can lead to an irrevocable loss of patent rights. And how late is too late? So what is considered late? Whose activities matter?

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The IPKat

JANUARY 9, 2022

Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Adam Ernette (UIC) reports on the seminar.

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Reporting Law IP Patent 57

The IPKat

DECEMBER 20, 2023

US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO's strict approach to added matter. Profanity The patent was opposed for added matter.

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Patent Invention Patent Drafting Patent Application 109

The IPKat

APRIL 24, 2023

The patent case law in Europe and the US diverges on the question of how routine it is to find new antibodies for a known target. By contrast, the EPO considers it routine for a skilled person to generate antibodies against a known target. contrary to the broad summary of EPO case law summarised above).

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Invention Patent Inventor Law 88

The IPKat

NOVEMBER 29, 2021

The IPKat Team was extremely saddened to receive news of the untimely passing of Professor Margaret Sophia Moy Llewelyn. Margaret was born in Romsey, Hampshire on the 7th October 1962, to Mair and Tom Llewelyn both with strong roots in and links to Wales. She was a much-loved and respected teacher and highly valued by her Faculty colleagues.

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Intellectual Property Intellectual Property Law IP Law 80

The IPKat

SEPTEMBER 3, 2021

The decision of the Enlarged Board of Appeal (EBA) in G1/21 was perhaps the "non-event" of the patent year. of yet, we also do not have the benefit of the EBA's written decision and reasoning in G1/21, but must rely on the EPO's summary.

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Patent 98

Patent Trademark Blog

JANUARY 31, 2023

Does an international PCT patent application cover the whole world? Depending upon your foreign patent goals, there is a good probability that the member PCT countries are sufficient for you. To cover Europe, you can file a PCT application and then file a national stage application with the European Patent Office (EPO).

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Patent Application Marketing Marketing Blogging 98

The IPKat

JULY 20, 2023

This Kat took the enforced confinement of a rainy summer weekend to finally delve deeper into one of the key patent decisions from the UK courts this year. The Court of Appeal decision in Sandoz v BMS ( [2023] EWCA Civ 472 ) attempted to reconcile the EPO and UK approaches to plausibility.

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Patent Trademark Blog

DECEMBER 2, 2021

An International Search Authority (ISA) is a patent office that you choose to search for prior art relevant to your PCT application. Note that the above list is sorted is descending order with the EPO being the most expensive ISA for a small entity at roughly $1,000 more than the USPTO. Which ISA is cheaper?

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Intellectual Property Art Invention Reporting 40

The IPKat

JULY 31, 2023

However, according to the established case law of the EPO, the underlying test for sufficiency is consistent, regardless of the type of invention. Taking account of unknown unknowns ( T 0149/21 ) The patent in question in T 0149/21 ( EP2630545 ) claimed a method for reducing the energy consumption of a rolling mill.

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Invention Law Patent 52