The IPKat

MARCH 26, 2024

Katfriend Hans Eriksson shared insights into how the intellectual property strategy of high-end watchmakers had responded to the trend of customization or personalization of luxury timepieces. He provides some timely reflections on the recent trade mark infringement cases in the US and Europe. Image from Pixabay.

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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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Invention Inventor Patent Publishing 76

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.

Invention 67

Invention Patent Law Patent Law 67

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

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.

Invention 83

Invention Patent Law Art 83

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.

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Art Invention Patent Law 130

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

DECEMBER 28, 2021

2021 has been year brimmed full with juicy case law from the Enlarged Board of Appeal (EBA). 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. However, this reasoning could not be said to apply to all cases of double-patenting.

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Invention Publishing Patent Law 67

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

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

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

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.

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Inventor Invention Patent Application Designs 52

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

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

IPilogue

AUGUST 11, 2021

Ryan Abbott is Professor of Law and Health Sciences at the University of Surrey School of Law and Adjunct Assistant Professor of Medicine at the David Geffen School of Medicine at UCLA. It finds that laws written with people in mind often give an unintentional preference to either human or AI activity.

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Intellectual Property Inventor Invention Business 112

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

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system.

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Reporting Law IP Patent 57

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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Invention Art Law Patent 40

The IPKat

JANUARY 9, 2022

The written description requirement stipulates that a patent specification should sufficiently describe the claimed invention such that a skilled person would be convinced that the inventor had possession of the claimed subject matter at the filing date. cancer) cells ( Singh et al. ). cancer) cells ( Singh et al. ).

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Invention Inventor Patent Patent Application 76

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

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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Inventor Patent Invention Patent Application 40

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

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.

Privacy 70

Privacy Intellectual Property Registration Litigation 70

IP and Legal Filings

AUGUST 18, 2021

As a result, constant and resolute technological advancements have immensely changed the dynamics of the relationship between technology and laws. 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?

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Inventor Invention Patent Law Patent Application 78

Kashishipr

JUNE 3, 2021

Therefore, an understanding of how IP assets are taxed is crucial. For purposes of the US tax law, IP can take many forms. As embodied in the Internal Revenue Code, IRS regulations, and case laws, IP includes patents, trademarks, copyright, trade secrets, know-how, and computer software.

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Intellectual Property Ownership IP Licensing 98

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? from Faculty of Law, Maharaja Sayajirao University of Baroda (MSU), Vadodara.

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Publishing Invention Patent IP 64

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.

Invention 52

Invention Law Patent 52

The IPKat

NOVEMBER 29, 2021

In 1990, Dr Llewelyn was appointed to a lectureship at the University of Central Lancashire, at Preston, which was followed in 1993 by a move to the University of Sheffield, initially as a ‘Common Law Institute for Intellectual Property (CLIP) Lecturer in Intellectual Property.’

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