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IP Cases & Articles
UK design novelty grace period when can it be validly applied?
In respect of the UK design registration system, one of its attractive qualities is the provision of a novelty grace period to discount against certain disclosures, made in the preceding 12 months before the effective priority date of a UK registered design, from being used to invalidate the design registration. -
IP Cases & Articles
EPO official fee increases: effective 01 April 2020
European Patent Office (EPO) fee increases came into effect on 01 April 2020. The EPO usually reviews official fees every two years. Most of the rises are moderate increases in the order of 4% or 5% and are in line with inflation. Some are higher and worth noting. -
IP Cases & Articles
Missing the 12 month priority deadline for a PCT patent application applying for restoration, or sneaking through the international backdoor?
In respect of obtaining patent protection in a number of territories around the world, this is often achieved by submitting a patent application in an initial first territory (usually where the applicant is based), and then following this up with a second international PCT patent application to initiate the process… -
IP Cases & Articles
Red Bull v Big Horn
The England and Wales High Court has recently handed down a judgment confirming that Big Horn’s signs infringe Red Bull’s European Union trade marks (EUTMs). Deputy Judge Kelyn Bacon QC found that the signs took unfair advantage of the distinctive character and repute of the energy drink giant’s marks, but… -
IP Cases & Articles
IPCom v Vodafone: SEPs and crown use
In IPCom v Vodafone, IPCom’s patent was found to be valid and essential, although Vodafone had a defence for crown use. -
IP Cases & Articles
Here comes the moneymaking sure to monetise your patenting and research efforts
When it comes to obtaining patents, quite rightly one of the prime considerations is ensuring that the relevant technical improvements are being protected, to hinder third parties from copying these improvements. At least in the UK however, often overlooked are the numerous schemes provided by the UK Government which deliver… -
IP Cases & Articles
EPO rejects AI inventor patent applications
Many readers will be aware that the European Patent Office’s most recent Guidelines for Examination contain specific sections on machine learning (ML) and artificial intelligence (AI). An interesting question has now been considered by the EPO relating to an invention that was said to be derived from artificial intelligence. -
IP Cases & Articles
Is the fog finally clearing? Truvada SPC invalidation confirmed by Court of Appeal
The UK Court of Appeal recently dismissed Gilead Sciences’ appeal of the Patents Court’s decision to invalidate the SPC for Gilead’s HIV combination drug Truvada®. After years of uncertainty on eligibility of basic patents for SPC protection in the EU, the Court of Appeal’s decision may finally begin to provide… -
IP Cases & Articles
Intelligent (patent) agents: should the patent profession be afraid of AI?
There’s been lots of interest in patenting artificial intelligence recently. But what happens when AI does the patenting? Although the EPO has so far rejected the notion of AI being an inventor (see EP 18275163 and EP 18275174), what about when AI is able to do the job of a… -
IP Cases & Articles
Broad Institute CRISPR patent appeal: revocation upheld for lack of priority
The EPO recently reported that the Board of Appeal dismissed the Broad Institute’s appeal against revocation of one of its key CRISPR-Cas9 patents, EP2771468B.
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