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IP Cases & Articles
Oral proceedings, appeals and divisional applications: options for tricky cases at the EPO
We have all experienced tricky cases at the European Patent Office (EPO). Sometimes, it seems the examiner simply cannot be convinced about the patentability of a particular invention. After several rounds of written correspondence, the dreaded “summons to oral proceedings” is therefore received. It can then be difficult to decide… -
IP Cases & Articles
Novelty over prior art drawings: a comparison of European and Chinese patent practice
When a piece of prior art is found, attorneys and examiners spend a lot of time discussing the text in that prior art to establish whether the invention can be distinguished from the state of the art and thus novel. Generally speaking, the situation where the relevant disclosure is in… -
IP Cases & Articles
EPO may continue to be ISA and IPEA for Chinese PCT applicants
The European Patent Office (EPO) and the China National Intellectual Property Administration (CNIPA) recently announced an extension to the pilot program provided to nationals and residents of China, which allows for selecting the EPO as International Search Authority (ISA) and International Preliminary Examining Authority (IPEA) for their Patent Cooperation Treaty… -
IP Cases & Articles
Social media devising and protecting your online presence from the outset
In the context of social media, one of the most important assets to a streamer is their online persona, through which they engage with their follower base. Integral to this online persona is any handle and/or proposed logo which the streamer chooses to embody themselves with. Often however, such handles… -
IP Cases & Articles
25% UK corporation tax - innovate yourself down to 10% with a patent
On Friday 14 October 2022, the UK Government confirmed its intention to raise UK corporation tax from the current rate of 19%, to 25%, with effect from April 2023.Thus for those seeking to mitigate against this intended tax rise, now is an opportune time to be reviewing whether the UK… -
IP Cases & Articles
G2/21: Enlarged Board of Appeal issues a communication ahead of appeal proceedings
In 2021 we reported on the referral of three questions to the Enlarged Board of Appeal (EBA), in G2/21. These questions related to the question of whether post-published data (data that was not available until after the filing date of a patent application) can be relied upon to demonstrate an… -
IP Cases & Articles
Time to call ten days a day? EPO to scrap ten-day rule to reflect new digital age
CIPA has reported that the European Patent Office (EPO) has approved a proposal to scrap the ten-day rule – the regime for determining at what date documents are deemed notified for the purposes of calculating time limits. -
IP Cases & Articles
Unified Patent Court (UPC) judges announced and UPC Presidium elected
On 19 October 2022, the Administrative Committee of the UPC announced the list of 85 UPC judges, comprising 34 legally qualified and 51 technically qualified judges from 13 of the 17 initial UPC contracting states. The list being the result of an extensive selection process concluded by the adoption, by… -
IP Cases & Articles
Chinese patent rights: first CNIPA administrative adjudications on patent infringement
The “China Patent Law 2020” and “Measures for Administrative Adjudication of Major Patent Infringement Disputes” (the measures), both came into force on 01 June 2021. Under this new administrative patent enforcement route the China National Institute of Patent Administration (CNIPA) is empowered to hand down adjudications on patent infringement disputes. -
IP Cases & Articles
G2/21: Enlarged Board of Appeal issues a communication ahead of appeal proceedings
In 2021 we reported on the referral of three questions to the Enlarged Board of Appeal (EBA), in G2/21. These questions related to the question of whether post-published data (data that was not available until after the filing date of a patent application) can be relied upon to demonstrate an…
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