Legal Updates

UPC – For EU, but not for us.

The UK has supported the creation of the Unified Patent Court (UPC) and Unitary Patent (UP) since its inception. In recent years, the government has fought for London to have part of the main branch of the Court, provided much of the backing and development for the UP infrastructure and...

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T1621/16 – GJE Cleans Up at the EPO Board of Appeal

Gill Jennings & Every LLP has an extensive EPO opposition practice and has long played a leading role in the development of EPO case law. The EPO Board of Appeal has recently issued a rare ‘B’ decision in case T1621/16, where the patentee was represented by John Fisher (Partner at...

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Addressing discretion at the UKIPO

In a recent decision the UKIPO had to consider a party seeking to invalidate a design for lack of novelty in view of an earlier filed Chinese design patent and public sales pre-dating the application date of the UK design. In short, however, the meat of this case is a...

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Shining a light on evidence at the UK IPO

With Brexit approaching and companies insuring against the uncertainty that brings there has been a steady uptick in registered design filings over the last three years. This may ultimately lead to more infringement and validity cases making their way through the courts in the UK, including at the UK IPO....

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Harmonisation of the assessment of patentability of user interfaces between the UKIPO and EPO

A recent UKIPO decision, BL O/128/19, highlights a welcome harmonisation in the assessment of computer-implemented inventions involving user interface components at the UKIPO and EPO. The patent application in question, GB1308715.0, describes a user interface for controlling a thermostat that is adjusted in dependence on changes in ambient temperature. Specifically, a...

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