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Patent Newsletter No.80
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IP Cases & Articles
Secret prior art: a trap for the unwary?
In almost all countries around the world, a patent application is only published after 18 months from the filing date, or where priority has been claimed from the priority date. This raises the interesting question of how the system should handle a second application which is filed after a first… -
IP Cases & Articles
EPO sufficiency: can medical use claims encompass all patients if the majority are non-responders?
If a therapeutic benefit is only observed in a sub-group of patients (in particular, a small group), is a claim sufficient if it claims all patients or do the non-responders need to be disclaimed? This was the question posed in T0421/14, an appeal decision concerning the opposition division’s decision to… -
IP Cases & Articles
For whose eyes only? Disclosure of confidential information in FRAND cases
A standard essential patent (SEP) is a patent with claims that cover an aspect of a technical standard, such that a party who implements the standard will necessarily infringe the SEP. Standard-setting organisations often require the participants in the development of a standard to commit to license their SEPs on… -
IP Cases & Articles
CRISPR patent appeal decision: EPO maintains all applicants approach to priority
Earlier in 2020, the Board of Appeal dismissed the Broad Institute’s appeal (T 0844/18) against revocation of one of its key CRISPR-Cas9 patents, EP2771468B. Here we discuss the Board of Appeal’s recently published decision. -
IP Cases & Articles
Brexit: changes to IP protection at the UK border from 01 January 2021
EU national border forces can be requested to detain goods suspected of infringing your intellectual property, following a pan-EU application for action (AFA) filed with the Customs authorities in EU member states. However, as of 01 Jan 2021 a pan-EU AFA granted by the Customs authorities in the EU will… -
IP Cases & Articles
Brexit and registered designs: invalidating the clones
With less than a month to go until the end of the transition period concerning the departure of the United Kingdom from the European Union, the start of 2021 will herald the arrival of a host of new UK registered designs which will originate from their respective underlying EU design… -
IP Cases & Articles
Patent Commercialisation by Research Institutions
On the 24 November 2020 the European Patent Office (EPO) published the results of a new study titled "Valorisation of scientific results - Patent commercialisation scoreboard: European universities and public research organisations”. This study explores the way in which these institutions exploit their patent rights, and the challenges to doing… -
Webinars & Videos
Brexit trade mark countdown essential preparations before and after 01 Jan 2021
Senior Associate Flora Cook discusses the context and effect of Brexit on trade marks, including an overview of what impact Brexit will have on existing EUTMs, what will happen at the end of the transition period (01 Jan 2021). The webinar discusses the requirement for a UK address for service,… -
IP Cases & Articles
Address for service for IP rights from 01 January 2021
The UKIPO recently announced that an address for service in the UK, Gibraltar or the Channel Islands will be required for any new application for a patent, a trademark or a design filed at the UKIPO from 01 January 2021. This includes EP patents validated in the UK.
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