Legal Updates

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

It is common to use additional data, not disclosed in an application as filed, in support of arguments for the patentability of an invention. The European Patent Office (EPO) typically considers such “post-filed” data if it supports a position made plausible by the content of the application. But a potential...

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One Step Closer to a Unitary Patent

  On 13 August 2021, Germany brought into force legislation that will allow them to ratify the Agreement on the Unified Patent Court (UPCA).  This is a significant step which now means that it is more likely than not that the UPCA will enter into force in the next twelve...

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Video Conference Hearings At The EPO – Long-Term Uncertainty Remains

  The EPO’s Enlarged Board of Appeal has now issued its order regarding the legality of video conference hearings, although it is yet to publish the detailed reasons for the decision. The order maintains the status quo that the EPO has adopted during the Covid-19 pandemic, but does not dispel...

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UPC – Block to Progress Lifted

  The German Federal Constitutional Court issued a press release on 9 July 2021 regarding the challenge to Germany’s ratification of the Unified Patent Court (UPC) Agreement. After the second round of constitutional challenges, which we reported on here, the press release made clear the Court took a negative view...

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