Legal Updates

Get Your Priorities Right – A Guide to Establishing and Maintaining a Valid Priority at the EPO

Background The patent priority system was established by the Paris Convention to provide an applicant with 1 year grace to get their foreign applications filed after filing their first (usually local) application. This effectively provides an additional year of patent term and enables patent applicants to bolster their initial filing...

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AI and Sufficiency – How Much Should Be Disclosed?

It is well appreciated in the field of Artificial Intelligence and Machine Learning that high quality training data is key to the ability of the trained algorithm to act as an effective classifier. The European Patent Office (EPO) has previously issued guidance to the effect that technical character can be...

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New Rules, New Opportunities: The Evolution of EPO Appeal Proceedings

On 1 January 2020, the new Rules of Procedure of the Boards of Appeal came into force.  The new rules deal with many aspects of the appeal process, but aspects focussed on reducing the time taken to hear an appeal will have the knock on effect of greater procedural constraints...

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Being Heard and Seen – Oral Proceedings During the Time of Coronavirus

A recent decision of the Boards of Appeal of the European Patent Office makes it clear that oral proceedings can take place via videoconference. This paves the way for the backlog of hearings that have built up during lockdown to start to be cleared. A European patent may be opposed...

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O/030/20 – Is filing a divisional application after the parent application has been refused in a hearing, but before written refusal, valid?

This recent decision issued at the UKIPO relates to a divisional application filed by Motorola in the time period between an oral hearing on the parent application and issuance of the written decision. While the IPO accepted such a divisional on this occasion, it was recommended to resort to other...

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