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IP Cases & Articles
Eligible subject-matter USPTO two-step test
Under US patent practice, laws of nature, natural phenomena and abstract ideas are not patentable. -
IP Cases & Articles
" > Petitioning for "the right to be heard"
Decisions of the European Patent Office (EPO) may only be based on grounds or evidence on which the parties concerned have had an opportunity to present their comments (Article 113(1) EPC). As discussed below, decision R2/14 provides further guidance on when parties to an appeal may have a case for… -
IP Cases & Articles
The patentability of plants in Europe
In March 2015, the Enlarged Board of Appeal at the European Patent Office (EPO) decided in G 2/12 (Broccoli II) and G 2/13 (Tomatoes II) that the exclusion to patentability of essentially biological processes (Art. 53(b) EPC) must be interpreted narrowly and thus the exclusion did not extend to the… -
Newsletter
Patent Newsletter No.56
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IP Cases & Articles
Amendments to the Patents Rules 2007
On 02 August 2016 the UK Intellectual Property Office (UKIPO) published the UK Government's response to a consultation seeking views on a number of proposed amendments to the Patents Rules 2007. -
IP Cases & Articles
Order from the Enlarged Board of Appeal in G 1/15
The EPO's Enlarged Board of Appeal has recently issued an order which apparently summarises their conclusions with respect to the issue of "poisonous divisionals". -
News
ITMA now Chartered Institute of Trade Mark Attorneys (CITMA)
Today, 24 November 2016, the Institute of Trade Mark Attorneys (ITMA) has become the Chartered Institute of Trade Mark Attorneys (CITMA). -
IP Cases & Articles
Brexit and the Unified Patent Court and unitary patent
The UK has "confirmed it is proceeding with preparations to ratify the Unified Patent Court Agreement". These preparations will continue over the coming months. This announcement raises a number of questions about the unitary patent (UP) and Unified Patent Court (UPC). -
IP Cases & Articles
Use it or lose it - what qualifies as genuine use?
Trade mark proprietors are often faced with the ultimatum 'use it or lose it', but when asked to provide evidence of genuine use of your mark, how far can your actual use stray from the mark as registered? -
IP Cases & Articles
Distinctive character. Music to your ears - not!
In this case the General Court (GC) confirmed that sound marks need to be in tune with distinctive character to achieve registration.
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