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IP Cases & Articles
EPO Guidelines for Examination: adaptation of the description to the claims
In March 2022 the European Patent Office (EPO) updated its Guidelines for Examination. This included additional detail relating to the requirement of adapting the description in line with amended claims. Of relevance to this is whether the European Patent Convention (EPC) provides legal basis for such a requirement, a topic… -
IP Cases & Articles
Examination of AI inventions at the UKIPO: certainty at last?
In 2021 the UK Intellectual Property Office (UKIPO) invited comments from industry and the legal profession on the relationship between artificial intelligence (AI) and intellectual property. One particular theme that came out of the consultation is that respondents had a great desire for enhanced certainty in what AI inventions were… -
IP Cases & Articles
Digital transformation of the EPO: legal changes and new online services
The Covid-19 pandemic has dramatically accelerated moves towards digitalised working practices at the European Patent Office (EPO). Most prominent perhaps, at least to European patent attorneys, has been the adoption of oral proceedings by videoconference. -
IP Cases & Articles
UK AI & IP consultation: analysis of the UK Government response
The UK Government has issued its response to a consultation recently conducted into artificial intelligence (AI) and intellectual property (IP). The consultation explored three areas of patent and copyright law particularly relevant to the commercial exploitation of AI. Here we explore the response in detail, building on our earlier articles… -
IP Cases & Articles
EPO searching national prior rights to assist applicants for the unitary patent
The European Patent Office (EPO) has announced that, from 01 September 2022, Examining Divisions will conduct systematic “top-up” searches for national prior rights and assess the prima facie relevance of such national prior rights for European patent applications. This service is free of charge to all applicants, and the results… -
IP Cases & Articles
Battle of the bottles: packaging dispute shows importance of early protection
On 16 September 2022, in a rare passing off claim based only on rights in the get-up and appearance of a bottle, as opposed to in any word or figurative marks, Mr Justice Mellor refused to grant Au Vodka an interim injunction against NE10 Vodka and Leon Hogan, NE10’s founding… -
IP Cases & Articles
UKIPO suspends actions involving international registrations: Do you have a UK address for service?
The UKIPO has suspended actions involving international registrations whilst it considers a recent appeal. The decision examines UKIPO current practice in relation to serving notifications relating to international registrations designating the UK. -
IP Cases & Articles
Location, vacation, revocation? General Court sides with US hotel on targeted advertising for genuine use
In a win for businesses targeting consumers in the EU, but providing services elsewhere, the General Court has annulled a Board of Appeal non-use revocation which “wrongly confused the place of provision of the service with the place of use of the mark”. -
IP Cases & Articles
Monster Dawg crushed by Red Bull: High Court appeal for RED DAWG fails
Monster Energy Company (Monster), listed as the number 1 “All Time Biggest Bully” on the trademarkia.com website, is a manufacturer of energy drinks. It applied to register RED DAWG as a trade mark in the UK. Red Bull, another energy drinks manufacturer, successfully opposed the registration of Monster’s proposed mark,… -
IP Cases & Articles
All EPO examination and opposition oral proceedings to be held by videoconference
On the 22 November 2022, the EPO published a decision of the President of the EPO that all oral proceedings held before examining and opposition divisions, the Legal Division and the Receiving Section are to be held by videoconference (ViCo) by default.
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