Legal Updates

Video Conference Hearings at the EPO – An Update

  We previously updated about the changing situation regarding video conference hearings at the European Patent Office. See our previous update here. The situation continues to evolve. The EPO recently announced that the “pilot project”, whereby the default for all first-instance opposition hearings is that they are held by video...

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Enlarged Board of Appeal Confirms Prohibition on Double Patenting

  The Enlarged Board of Appeal has recently issued its decision in G4/19 on the issue of double patenting under the European Patent Convention. The Enlarged Board concluded that double patenting is prohibited under the EPC, which means it is not possible for the same applicant to obtain two patents...

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Inadvertently Design-ed Priority Loophole

  For a European design, the European General Court has ruled in T-579/19 it is possible to claim priority from an earlier filed patent, or at least from an international patent application filed under the PCT, up to 12 months from the patent’s date of filing. German company The KaiKai...

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Brexit and the Implications for IP Rights 03/06/2021

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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T 0944/15: Significant Implications for the Patentability of Computer-Aided Surgery and Therapy Inventions?

Case Law Update – T 0944/15 : the EPO can look beyond the claimed features when assessing the medical method exclusion In a recent Board of Appeal decision, T 0944/15, the Board applied the exclusion on patenting medical methods in a way that could have significant implications for those seeking...

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