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IP Cases & Articles
PCT Applications - Filing Third Party Observations
The international patent application system administered by the World Intellectual Property Organization (WIPO) allows an applicant to file an international application (also referred to as a PCT application) which is maintained as a single application during the so-called ‘international phase’. At the end of the international phase, the applicant can… -
IP Cases & Articles
Navigating the EPOs Updated Guidelines for Examination
The European Patent Office (EPO) has issued a new version of its guidelines for examination, which provide guidance for examiners and applicants on European patent law and procedure. Some notable changes are discussed in this article. Guideline references of the form A-IV, 2 refer to Chapter A, part IV, section… -
IP Cases & Articles
EPO Case Law - Ignoring it is a Procedural Violation
At the European Patent Office (EPO), it is almost always the case that the search, examining and opposition divisions will, when making decisions, follow the case law of the Board of Appeal when considering how the EPC ought to be applied. However, a decision of a Board of Appeal is… -
IP Cases & Articles
Computing: Patentable Subject Matter
The influence of the Internet in directing the knowledge and opinion of software engineers with regard to the patenting of computer programs is significant. Much of the material on the Internet on this topic relates particularly to the US patent system, which differs from that in Europe with regard to… -
IP Cases & Articles
HMRC Publishes A Guide to the Patent Box
HMRC has published a guide to the forthcoming tax relief for innovative companies that is being phased in from 1 April 2013. -
IP Cases & Articles
Stem Cell Inventions: UK revises Examination Guidelines
As reported in the October 2011 issue of the D Young & Co LLP newsletter, there was a Court of Justice of the European Union (CJEU) Decision last year which concerned the patentability of technology based on the use of human embryonic stem cells (hESC). -
IP Cases & Articles
The Unitary Patent - Is An End In Sight?
In 1975 the Community Patent Convention (CPC) was signed by the then member states of the European Union (EU) – its aim was to have a single patent covering the whole of the EU. It was never ratified and so never became a reality. -
IP Cases & Articles
The Tomato Case - G2/12 All In A Stew
The Technical Board of Appeal in the tomato case (T-1242/06) issued an interlocutory decision on 31 May 2012 referring yet further questions to the Enlarged Board of Appeal. This time the questions relate to the patentability of product (plant) claims following the opponent’s (Unilever’s) request that further questions should be… -
IP Cases & Articles
Stem Cell Inventions: EPO Follows Brstle CJEU Decision
The new Guidelines for Examination in the European Patent Office came out on 20 June 2012. On the subject of patenting stem cell-related inventions, the guidelines largely follow the ruling of the Court of Justice of the European Union (CJEU) in the Brüstle v Greenpeace (Case C-34/10), which was discussed… -
IP Cases & Articles
Permissible Amendments And Sufficiency
Several decisions recently added to the EPO database of Board of Appeal decisions1 have been selected for review. They collectively provide some insight into the way the Boards are considering the question of permissible amendments and sufficiency.
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