Arnie Clarke

Where there’s a claim, there’s blame?

In European Patent Office opposition proceedings, someone has to lose, or at least won’t get everything they want.  For a patentee, the erosion or wholesale loss of their monopoly right is a significant commercial risk. For an opponent, anything less than complete revocation of a patent can mean a serious...

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New routes to freedom to operate in the UK

What can you do when you find your path to the UK market impeded by a UK patent? [a].  Historically, removing such a freedom to operate obstacle would have required costly litigation in the UK courts, a product work-around, or taking a license. A work-around is not always possible, or...

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Blurred Lines

A long-standing complaint of patent applicants and patentees at the EPO has been the strict assessment of added subject matter caused by amendment of an application or patent. Various tests have been developed for the assessment of whether an amendment complies with the requirement that: “The European patent application or...

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Are Granted Claims in the Clear?

Just a few months ago we reported the referral of a number of questions to the EPO Enlarged Board of Appeal (designated G3/14). Given the importance of the answers to those questions, the Enlarged Board has returned a speedy, albeit ambiguous answer. The questions referred to the Enlarged Board concerned...

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