Legal Updates

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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O/236/20 – Insights into the fifth AT&T signpost

UK patent applications that are considered simply to be computer programs are excluded from patentability. In these cases, an applicant will often find themselves relying on one of the five AT&T signposts to argue that their invention makes the required technical contribution to be allowed. Depending on the invention, this...

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Copyright for Functional Designs: a Bicycle Framework

Create an artistic work and you get 70+ years of protection against unauthorised copying of the work. On the other hand, if you create a product that is not artistic, then you are left with up to 20 years of patent protection to protect the way the product works, and...

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O/271/20 – Is the contribution of a claim defined by the whole subject-matter claimed or just the new bit?

Although the Covid-19 crisis has reduced the numbers of decisions published by the UK IPO in 2020 there are still some interesting cases for review. In this patent application, Lenovo sought review of the examiner’s decision that the claims comprised excluded subject matter as a program for a computer and/or...

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Patentability of Simulations at the EPO – G1/19 Hearing Report

Partner Matthew Hoyles and senior associate Sam Jones observed the long anticipated G1/19 Enlarged Board of Appeal hearing held on 15 July 2020.  All sides provided well thought out arguments and some particularly interesting points were raised, including the potential for machine learning algorithms to be considered as alternatives to...

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