General

The major IP offices that we deal with have reacted to the COVID-19 outbreak in various ways as follows: European Patent Office: The EPO has published a dedicated webpage tracking their response to COVID-19 disruption. Their earlier blanket extension provision has been lifted, and from 2 June 2020, extensions to deadlines, and forgiveness for missed […]

It could be a good time to spring-clean your IP portfolio – how to go about it In these unusual times of lockdown, many people have turned to tidying up their gardens and spring cleaning their houses.  Let’s face it, we’re all spending a lot more time at home and many people have a bit […]

The German Constitutional Court today partially upheld the complaint by Ingve Stjerna that the UPC (Unified Patent Court) is unconstitutional in Germany. The Court ruled that the failure of the Bundestag to secure a two-thirds majority of all Members for the UPC legislation, a matter concerning constitutional change, was unlawful. This will undoubtedly further delay […]

“The EUIPO has issued a Decision stating that all EUIPO deadlines falling due from 9 March 2020 to 30 April 2020 inclusive are extended until 1 May 2020 (because of the COVID-19 pandemic). We understand that this will not apply to Paris Convention cases filed with the EUIPO. We intend to send you individual emails on […]

The EPO has issued a courtesy advance notice stating that it expects to extend EPO deadlines falling due from 15 March to 16 April 2020 inclusive until 17 April 2020 (because of the COVID-19 pandemic). We understand that this will not apply to Paris Convention cases filed with the EPO, or possibly divisional deadlines, but will […]

The UK will formally leave the EU on 31 January 2020 but under the terms of the Withdrawal Agreement agreed between the UK and the EU this will commence a transition period until at least 31 December 2020. There will be no legal effect of Brexit on statutory IP rights until the end of the […]

Withers & Rogers Diversity & Inclusion group has been shortlisted for HR / Wellbeing Team of the Year at the inaugural This Can Happen Awards 2019. In its first year, the This Can Happen Awards celebrates and recognises companies and individuals from across all sectors, who have shown excellence in their approach towards positive mental […]

As of 1 June, we have a new office location in Munich, on Kaulbach Strasse, Schwabing, in the heart of Munich.  Uli Wittmann, who joined us as a Partner on 1 April, along with Ute Pfaller and Henriette März, and other colleagues including Trainee Attorneys and Paralegals. The new office will host a total of […]

Through the ability of Artificial Intelligence, the health care sector can find solutions to effective treatment to cure diseases.   Partner, Adrian Tombling explores why AI is huge for drug research and what impact this could have on the pharmaceutical industry. As AI is created by a computer, it does raise the question, who owns […]

Why should you consider patent protection for your Blockchain technology? Partner, Philip Horler explains the role of Blockchain in anti-counterfeiting and the benefits of protecting the technology.  Philip Horler Electronics, Computing & Physics group If you require further information on anything covered in this briefing, please contact Philip Horler (phorler@withersrogers.com; +44 207 940 3600) […]

On 24 September 2018, the UK government released guidance on the impact of a no-deal Brexit on EU trade marks. The guidance has not yet been enacted as legislation; and its sole aim is to clarify the UK’s intended actions should we encounter a no-deal Brexit, resulting in the UK leaving the European Union on […]

Canada has ratified the Hague Agreement for the International Registration of Industrial Designs. Canada can be designated in new Hague design filings from 5 November 2018. The Hague Agreement enables applicants to seek protection of registered designs/design patents in 69 territories (that includes all European Union member states, USA, South Korea, Japan, Russia and the […]

On 7 June 2018 in the case of Scotch Whisky Association v Michael Klotz[1], the Court of Justice of the European Union (CJEU) was asked to determine whether use of the term “Glen” by Michael Klotz, a producer of a German whisky called “Glen Buchenbach”, indirectly and unlawfully infringed the Protected Geographical Indication (PGI) “Scotch […]

The UK Government published its white paper regarding “The future relationship between the United Kingdom and the European Union” (found here). This provides the strongest indication yet that the UK Government will act to stay a part of the Unitary Patent Package (UPP) after Brexit. The UK Government had already stated that it is planning […]

The Chartered Institute of Trade Mark Attorneys (CITMA) has elected Tania Clark, partner in Withers & Rogers’ Trade Mark group, as its new President. Tania commenced her two-year term on 10 April 2018.

Following a Decision of the Administrative Council of the European Patent Organisation (found here), it is now possible to pay the third year renewal fee for European patent (EP) applications up to six months in advance of the due date. Previously, with regard to all renewal fees due for an EP application, it was only […]

Following the UK IPO’s consultation[1] on patent fees, the UK IPO has decided to go ahead with a number of changes[2] to the fees for applying for patent protection and renewing granted patents. These changes include both increases to current fees, and the introduction of new fees. These changes will come into effect on 6 […]

Small and medium sized companies in Coventry & Warwickshire have the opportunity to obtain grants of typically between £25-50,000 to assist with costs relating to intangible assets (such as patents, trademarks and copyright), relating to seconded personnel and relating to support services. This is aimed at advancing the development of innovative products and services involving […]

An official statement from the Unified Patent Court (UPC) website, published today (found here), has outlined a rough timetable for the UPC becoming operational. If all continues as expected, the Agreement on the Unified Patent Court (UPCA) and the Court itself should be up and running in December 2017. This would mean that the ‘Unitary […]

The UK’s Patent Box came into effect on 1 April 2013. Under the scheme UK companies are able to pay a reduced rate of Corporation Tax on certain profits derived from patented technology. HM Revenue & Customs (HMRC) published its first report¹ on the uptake of the scheme on 14 September 2016, and that report […]

From 1 October 2016 the UK IPO fee structure for registering designs in the UK will change. For many years applicants have had the option of filing one or several designs within a single application but the cost of filing lots of designs to protect various aspects of a product has been prohibitive for many, […]

Withers & Rogers Chairman Karl Barnfather was delighted to moderate the opening panel session, on the Implications of Brexit and the UPC, to the MIP European Patent Reform Forum in Munich on Tuesday 6 September 2016.   On the panel was Margot Fröhlinger of the European Patent Office and Professor Tilmann of the University of Heidelberg. […]

The people of the UK have voted to leave the European Union (EU). The referendum of 23 June 2016 concerning the UK’s membership of the EU has resulted in 52% of voters opting for the UK to leave the economic and political union established under the EU. From an Intellectual Property user’s perspective nothing will […]

A recent High Court decision explains the tests for obviousness and insufficiency resulting from a “clearing the way” action brought by Actavis against Eli Lilly (Lilly).  Actavis intended to invalidate Lilly’s patent on the basis of a lack of inventive step and insufficiency. Lilly’s patent relates to the second medical use of atomoxetine in the […]

The recruitment process for selecting the first group of UPC judges is now open. Candidates may apply to become a full-time or part-time judge until the closing date of 4 July 2016. Information on the selection process can be found here. The opening of the selection process marks a major step in the implementation of […]

Case C-396/15 P Shoe Branding Europe BVBA v Adidas AG European Court of Justice, 17 February 2016 The European Court of Justice (ECJ) has upheld a decision of the General Court allowing Adidas to oppose the registration of a trade mark consisting of two parallel stripes placed on the side of footwear. Shoe Branding Europe, […]

The European Patent Office (EPO) has announced increases in its renewal fees from 1 April 2016. The fees will increase by approximately 1%. For example, the 6th year renewal will increase from €1040 to €1050. Meanwhile, the Japanese Patent Office (JPO) has also announced changes in renewal fees effective from 1 April 2016, a reduction […]

Our latest IP Review is now available online here: www.withersrogers.com/ebrochure/ip-review/autumn-2015/ In this issue we report on some interesting developments, including a wave of altruism that has swept over some of the world’s best known companies in recent times, changes in US practice that affect the patentability of biodiagnostics, and recent developments in China to strengthen its […]

On Monday 24 August 2015 the Sheffield office of Withers & Rogers LLP will relocate from Electric Works to new premises within Sheffield city centre. Our full address and contact details can be found below. Please update your records and inform colleagues accordingly. We look forward to welcoming you to our offices in the near […]

Last year we reported the decision of the UK High Court in the case of Actavis v Lilly, concerning the anti-cancer drug pemetrexed disodium (see here). To recap briefly, the UK High Court ruled that Actavis’ pemetrexed dipotassium product did not infringe Lilly’s patent directed to pemetrexed disodium either under direct infringement, or under indirect […]

The EPO recently announced slight changes (found here) to the procedure regarding Rule 71(3) EPC communications, which allows an applicant a final opportunity to amend or correct their application before grant. Prior to 1 July 2015, when an applicant responded to a R71(3) communication with amendments, a new R71(3) communication had to be issued if […]

Withers & Rogers is pleased to announce the promotion of Denis Keseris to Partner as of 1 April 2015. Denis is a patent attorney in our Electronics, Computing & Physics group. He joined the firm in the London office in 2012 and specialises in information and communications technology, with a particular focus on optical and […]

Withers & Rogers is pleased to announce our involvement in the Life Sciences Hub Wales, launched today in Cardiff Bay. The Life Sciences Hub is an initiative launched by the Welsh Government with £100 million support from the Wales Life Sciences Investment Fund. The Hub will be the base for public and private sector specialists […]

Withers & Rogers is delighted to be supporting Sudha Kheterpal, best known as the percussionist from South London band Faithless, in providing intellectual property (IP) services for her #ShakeYourPower project. #ShakeYourPower aims to bring clean energy to places in the world without electricity, through the medium of music. For the last year, Sudha has been […]