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IP Cases & Articles
Lufthansa v Astronics: reference signs and claim interpretation
As patent professionals know, the description and claims of a patent achieve different things. The claims legally define the invention that is protected. The description gives example “embodiments” of the invention. However, they are also linked. In particular, according to Article 69 EPC, the associated protocol and established UK case… -
IP Cases & Articles
German Federal Constitutional Court: complaints regarding the EPO inadmissible
In a joint decision of 08 November 2022, published on 12 January 2023, the Second Senate of the German Federal Constitutional Court (Bundesverfassungsgericht - BVerfG) dismissed five constitutional complaints challenging decisions of the Technical Boards of Appeal and the Enlarged Board of Appeal of the European Patent Office (EPO) as… -
IP Cases & Articles
Disclosing an invention before filing a patent application: why a non-disclosure agreement in Germany is not enough
For start-ups, there is often a need to communicate an invention to potential business partners before a corresponding patent application is filed. Most applicants are aware that only new subject matter is patentable and therefore will require the execution of a non-disclosure agreement (NDA) before the invention is communicated. However,… -
IP Cases & Articles
EU design system: proposed reforms to EU design registrations
In what is welcome news, the European Commission has put forward a number of beneficial proposals for reforming the design registration landscape within the EU. This follows some consultations undertaken over the past couple of years. -
IP Cases & Articles
Good news from the USPTO: reduction in official fees for smaller-sized applicants
The United States Patent and Trademark Office (USPTO) has announced that the small and micro entity status discounts for utility patents, design patents and plant patents have been increased from 50% and 75%, to 60% and 80% respectively, with immediate effect. -
IP Cases & Articles
UP & UPC: Major milestones remain unchanged
Despite the postponement of the UPC Sunrise Period to 01 March 2023, all other major milestones of the official UPC roadmap remain unchanged. -
IP Cases & Articles
UKIPO scraps plans to extend the text and data mining exception for copyright and database rights
The UKIPO’s planned extension to the text and data mining exception for copyright and the sui generis database right to cover "any purpose" has been cancelled. -
IP Cases & Articles
Aldi gin bottle infringes M&S bottle design, says IPEC
Marks & Spencer (M&S) has succeeded in a battle with Aldi over copycat gin bottles, successfully enforcing several UK registered designs against Aldi in a decision that should provide some welcome reassurance for designers seeking to use registered designs to protect their products. -
IP Cases & Articles
Increases in the scale of costs to be awarded in UKIPO proceedings
According to Tribunal Practice Notice (TPN) 1/2023, the United Kingdom Intellectual Property Office (UKIPO) has increased it scale of costs. The new scale will apply to trade mark, patent and design proceedings commenced at the UKIPO on or after 01 February 2023. -
IP Cases & Articles
Hague design registrations: wheres my stamp of approval?
In the context of obtaining design registration protection, in many territories around the world, one of the mechanisms for achieving this protection is via use of the international Hague design registration system, operated by the World Intellectual Property Organization (WIPO), based in Geneva.
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