Latest News
New Bad Faith TM Examination at the UKIPO | PAN 1/25
Following the UK Supreme Court’s decision in SkyKick UK Ltd v Sky Ltd (the full decision can be accessed here,…
Latest News
Does Europe now have an on-sale bar?
The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) has now issued its long-awaited decision in case…
Latest News
Claims first, but not alone: EPO clarifies patentability interpretation
On 18 June 2025, the Enlarged Board of Appeal issued a decision in the case G 1/24. The decision confirms that…
Latest News
IP planning is key to protect AI innovations
This article was written for Digital Forge, a membership-based organisation that runs events in the North of England for investors, entrepreneurs…
Latest News
CJEU determines that EU courts (including the UPC) have global reach for patent infringement proceedings
On 25 February, 2025, the Court of Justice of the European Union (CJEU) delivered a significant ruling in the case…
Latest News
Irreproducible Products and the implications of G 1/23
In the run-up to the oral proceedings for G 1/23 (“Solar cell”), due to be held on 12 March 2025,…
Latest News
UK Court of Appeal: No SPCs for 2nd Medical Uses
The UK Court of Appeal (CoA) recently issued its ruling in Merck Serono v Comptroller, confirming that supplementary protection certificates…
Latest News
Costa Rica to become the Seventh Validation State at the EPO
Costa Rica has recently signed a landmark validation agreement with the European Patent Office (EPO). This means that Costa Rica…
Latest News
Business as usual in UPC equivalence decision
The Netherlands Local Division of the Court of First Instance of the Unified Patent Court (UPC) has recently issued the…
Latest News
EU Commission issues Teva with €462.6 million anti-trust fine for “playing the divisional game”
In the competitive world of pharmaceuticals, innovators often employ complex strategies to maintain their market dominance. However, care must be…
Latest News
SkyKick UK Ltd v Sky Ltd
The Supreme Court has today handed down its judgement in relation to the appeal from the Court of Appeal relating…
Latest News
Porsche combustion engine innovations – despite the upcoming ban
On Monday 21st October the USPTO granted a patent for a six-stroke internal combustion engine to Porche SE, part of…
Latest News
UK Government establishes Regulatory Innovation Office to boost economic growth
The UK Government has announced the creation of the Regulatory Innovation Office (RIO), a new initiative aimed at accelerating the…
Latest News
Qatar has joined the Madrid Protocol
Qatar joined the Madrid Protocol on 3 May 2024, which came into force as of 3 August 2024. Qatar is…
Latest News
The Court of Appeal has upheld the UKIPO’s appeal against the Emotional Perception application
The Court of Appeal has upheld the UKIPO’s appeal against the Emotional Perception application and ruled that the artificial neural…
Latest News
First permanent injunction in final first instance decision at the UPC
On 3 June 2024, the Unified Patent Court, via one of its Local Divisions in Germany, issued a permanent injunction.…
Latest News
Jersey no longer covered by EUTMs
In March 2024, the Government of Jersey made a significant announcement regarding the status of European Union Trade Marks (EUTMs).…
Latest News
EPO Boards for Appeal (T 0209/22)
A recent case at the EPO Boards for Appeal (T 0209/22) demonstrates an important distinction between “direct and unambiguous disclosure”…
Latest News
Tackling counterfeiters: Luxury brands must be enforcement ready
Mariana Köpf, Withers & Rogers attorney at law based in our Munich office, has given her thoughts to Brands Journal…
Latest News
Reduced EPO fees for ‘micro entities’
From 1 April 2024 the European Patent Office are introducing reduced fees for smaller and less experienced patent filers at…
Latest News
Victoria & Lawrence Osborne v Louis Vuitton Malletier, 0/0026/24, 16 January 2024
Yet another David v Goliath trade mark dispute before the UKIPO with David coming out on top. The UKIPO delivers…
Latest News
Clarity on G2/21 from the EPO Board of Appeal in T0116/18
Last year we reported here that the Enlarged Board of Appeal had established in G2/21 new guidance for determining when…
Latest News
Supreme Court judgement in Thaler v Comptroller-General
The UK Supreme Court have issued their judgement in Thaler v Comptroller-General thus bringing the DABUS saga to a close…
Latest News
“Gasteiner” as a reference to the “Gasteinertal mountain region” is not protectable as a trade mark for beverages
My latest comment on the decision of the Austrian Supreme Court of 22.11.2022 – 4 Ob 171/22, – “Gasteiner Energy…
Latest News
UK High Court patent decision regarding the patentability of AI
Yesterday, the High Court issued the first patent decision regarding the patentability of AI. The decision seems to have positive…
Latest News
EBA decides on the right to priority (G1/22 and G2/22)
The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued a decision on 10 October 2023 in…
Latest News
EPO’s Deep Tech Finder
The European Patent Office (EPO) have recently released a new tool to help find investment-ready startups with European patent applications.…
Latest News
Calling time on the EPO’s “ten day rule”
The European Patent Office’s “ten day rule” will come to an end later this year following a decision made by…
Latest News
Invalidity can only be declared in respect of registered EU trade marks
Trade mark applicant Grzegorz Mordalski, filed for registration of a trade mark with the Polish Trademark Office on January 21,…
Latest News
X marks the spot for Musk’s rebrand strategy, but could it backfire?
Elon Musk’s decision to rename Twitter as ‘X’ and implement the changes almost immediately, has attracted widespread public attention. But…
Latest News
Decision of the Federal Patent Court 25 W (pat) 526/21 KÖLNER DOM of 19 January 2023
“KÖLNER DOM” cannot be protected as a trade mark The “KÖLNER DOM” or Cologne Cathedral, is a world-famous cathedral and…
Latest News
New Referral to the Enlarged Board of Appeal (G1/23)
On 27 June, a new referral was made to the Enlarged Board of Appeal (EBA) in case T 0438/19. The…
Latest News
Plausibility hurdle in the UK shifted up a notch, as invalidity of BMS patent confirmed by Court of Appeal
Summary The UK Court of Appeal (CoA) confirmed the invalidity of Bristol-Myers Squibb (BMS)’s apixaban patent on 4 May 2023.1 …
Latest News
Success at the Federal Court of Justice
The Federal Court of Justice (Bundesgerichtshof, BGH) comments on the extent to which the installation of spare parts leads to…
Latest News
EPO referral to the Enlarged Board of Appeal (G2/21) – Post-published evidence of a technical effect
In 2021, a referral was made to the Enlarged Board of Appeal (EBA) in case T116/18 concerning whether post-published evidence…
Latest News
Brazil joins Hague International Designs System
Brazil has ratified the Hague Agreement for the International Registration of Industrial Designs. This means that from 1 August 2023…
Latest News
Global Trends in Battery Technology: A Patent Perspective
As the drive towards renewable energy use gains pace, there has been an increase in global patent filings relating to…
Latest News
Aldi loses battle with M&S over festive gin
When Aldi launched a festive gin bottle with a snow globe effect in a light up bottle few could help…
Latest News
Germany completes the UPC jigsaw
The start date for the Unified Patent Court (UPC) is now confirmed as 1 June 2023. German ratification of the…
Latest News
IP funding launched for European SMEs
The European Commission and the European Union Intellectual Property Office have announced a €60.1 million fund to support EU-based small…
Latest News
Twist and shout… about sub-ranges
In 2019, the European Patent Office’s (EPO) Guidelines for Examination were updated to remove the “purposive selection” requirement when assessing…
Latest News
The importance of commas
In a recent decision, T 1473/19, the Board of Appeal of the European Patent Office (EPO) revoked a patent for…
Latest News
Is Amazon liable for trade mark infringements committed by third parties?
ECJ, Judgment of 22.12.2022 – C-148/21, C-184/21 Louboutin’s best-known goods are luxury red-soled women’s shoes. He has registered the red…
Latest News
Bad faith in filing applications
Bad faith in filing applications (ECJ 07.09.2022 – T-627/21 – Segimerus/EUIPO [Monsoon]) It is to be considered abusive if an…
Latest News
Risk of confusion between “NORTH FACE” and “THE DOG FACE”
Risk of confusion between “NORTH FACE” and “THE DOG FACE” due to the highly distinctive character of the earlier mark (OLG…
Latest News
The end of the “Ten-Day Rule” at the EPO
It has recently been reported by CIPA that the “ten-day rule” will come to an end following a decision from…
Latest News
EPO referral to the Enlarged Board of Appeal (G2/21)
In 2021, a referral was made to the Enlarged Board of Appeal (EBA) in case T116/18 concerning whether post-published evidence…
Latest News
When is making the first move the best defence?
After a few attempts, a competitor has finally managed to get the famous Moon Boot’s 3-D European Union Trade Mark…
Latest News
China joins Hague designs on 5 May 2022
China can be designated in new Hague International design filings from 5 May 2022. What does this mean? Designs can…
Latest News
China joins Hague International designs system
China has now ratified the Hague Agreement for the International Registration of Industrial Designs. This means that from 5 May 2022…
Latest News
UPC reason ten: Simplicity
The unitary patent (UP) system offers much greater simplicity for users. Instead of having to validate and renew a granted…
Latest News
UPC reason nine: Impressive geographical coverage
The first Unitary Patents (UP) are expected to be registered and in effect before the end of 2022 and will…
Latest News
UPC reason eight: Clear court processes and timeline
The Unitary Patent Court (UPC) would have a common process and timeline for all of its divisions throughout Europe. This…
Latest News
UPC reason seven: English as the primary language
English will be the primary language of the Unitary Patent (UP) system. All UPs will have an English version. For…
Latest News
UPC reason six: “Bonus” countries
Where previously a European patent may have only been validated in, say, five EU countries, the Unitary Patent will cover…
Latest News
UPC reason five: Quick and efficient
The Unified Patent Court (UPC) would resolve cases much more quickly than is possible under the current system. If a…
Latest News
UPC reason four: Great for SMEs
SMEs can greatly benefit from the Unitary Patent (UP) and the UPC. Not only does the UP provide substantial savings…
Latest News
UPC reason three: Well-run Unified Patent Court
It is expected that the Unified Patent Court (UPC) would provide robust decisions as a result of the standardised practices…
Latest News
UPC reason two: Pan-European enforcement
Firstly, the use of a single court system avoids the scenario of different courts in different countries reaching conflicting opinions…
Latest News
UPC reason one: Cost-effective system
The Unitary Patent system would be cost effective for everyone. It becomes cheaper per country when compared to the traditional…
Latest News
The Provisional Application Period of the UPC has begun
On 18th January, Austria deposited its instrument of ratification of the Protocol on the Provisional Application of the Unified Patent…
Latest News
Innovation by Artificial Intelligence and the role of AI in pharmaceutical discovery
Through the ability of Artificial Intelligence, the health care sector can find solutions to effective treatment to cure diseases. …
