Legal Updates

EPO Referral: Should Post-Filed Data Render a Patent Plausible? EPO Referral Confirmed

  A referral has been made to the Enlarged Board of Appeal (EBA), the EPO’s highest authority, in relation to whether “post-filed” (or “post-published”) evidence may continue to support the patentability of an invention that is plausible based upon the original content of the application. Read our article EPO Referral:...

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Brexit and the Implications for IP Rights 04/10/2021

The UK has now left the EU, following a transition period that ended on 31 December 2020. This means that EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) no longer offer protection in the UK. Here we explore the mechanisms that are in place to protect these IP rights as well as the other headline Brexit issues. We continue...

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Patenting Surgical Robotics Inventions: The Key Drafting Considerations Following T 0944/15

  The European Patent Office (EPO), like many jurisdictions, does not allow patents in respect of methods for medical treatment, the overriding principle being to “prevent non-commercial and non-industrial medical and veterinary activities from being restrained by patent rights”. However, this exclusion has generally been construed narrowly in that: (1)...

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New UKIPO “IP Access” Fund. Up to £5,000 Intellectual Property Grant Available for SMEs

As part of the UK Government’s strategy to rebound the economy through the success of knowledge-led high skill businesses, the UK Intellectual Property Office (UKIPO) has launched a new IP Access fund as an extension of the existing IP Audit Plus programme. This new fund, which offers grants of up...

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UK Court of Appeal Reaches a Decision on AI Inventor Case

  On 21 September the UK Court of Appeal handed down their judgment in the DABUS case, relating to whether an AI can be an inventor on a patent application. The Court concluded that the applicant in this case had not identified “a person or persons whom he believes to...

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