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IP Cases & Articles
BMW v Technosport
In a recent UK court decision, BMW successfully claimed trade mark infringement and passing off against an independent car dealer that had used BMW's trade marks to promote its services. -
IP Cases & Articles
Global Dossier patent histories access (file wrappers)
These file histories (or file wrappers) provide the most up-to-date information about a patent application's journey through the patenting process. -
IP Cases & Articles
Non-therapeutic disclaimers and prior use in T 2451/13
Two interesting points emerged from this recent decision of the European Patent Office (EPO) Board of Appeal. The first concerns the circumstances under which a new ground of opposition may be raised after expiry of the opposition period, and the second concerns the standard of proof for establishing a public… -
IP Cases & Articles
SPCs for NPEs? UK thinks yes but does the CJEU agree?
Non-practising entities (NPEs), patent assertion entities, patent trolls – whatever you choose to call them, their activities are hotly debated in the IP world. Although they first came to attention in the US, some have recently made the move into supplementary protection certificates (SPCs) in Europe. -
IP Cases & Articles
Notorious knowledge - tips for patent applicants
Notorious knowledge, otherwise known as indisputable general knowledge or notorious prior art, refers to the mechanism by which an examiner relies on a purported 'notorious' technical teaching without explicitly referencing a document in which the technical teaching can be found. Notorious knowledge is usually cited when a claimed invention contains… -
IP Cases & Articles
Scope of second medical use claims: T1673/11
In this case a European Patent Office (EPO) Board of Appeal considered whether there is any extension of the protection conferred by a patent, under the provisions of Article 123(3) EPC, where an amendment only concerns a change in format of a claim from a Swiss-type use claim to an… -
IP Cases & Articles
UK designers back design fee reductions
In our February 2016 patent newsletter we reported on the UK Intellectual Property Office's (UKIPO) "Proposal for changes to Registered Design Fees", which suggested a decrease in the official fees payable to obtain and maintain registered design protection in the UK. The related consultation expired on 29 January 2016, and… -
IP Cases & Articles
Long EPO examination infringes human rights
Although the quality of the European Patent Office's (EPO's) work generally remains high (for example, in 2015, it obtained ISO 9001 certification for its entire patent process, and was also rated number one for patent quality among the world's largest patent offices by Intellectual Asset Management (IAM) magazine), a common… -
IP Cases & Articles
Trade marks in third party adverts: Daimler v Egyd
This case concerns use of trade marks in advertisments which have been picked up by third parties and whether this use (with or without consent) constitutes trade mark infringement. -
IP Cases & Articles
Registration of position marks in the European Union
Although position marks are not an officially recognised category of trade marks under UK or European Union (EU) law, such 'unconventional' trade marks are registrable, subject to fulfilling a trade mark's essential characteristics and overcoming absolute grounds.
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