IP practice around Europe is at its most inconsistent when it comes to Supplementary Protection Certificate (SPC) protection for second and further medical indication inventions. A recent Opinion of the Advocate General at the CJEU may point to a...
Following the UK Parliament’s recent rejection of the Prime Minister’s draft Withdrawal Agreement, the uncertainty over Brexit continues. With the clock ticking down to 29th March and no sign of an alternative agreement being accepted by...
On 14 November 2018 the UK Supreme Court (SC) handed down its decision in Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and Actavis , which includes a majority judgment and interesting dissenting ones. The key claims were held to...
In a very recent development that will come as a relief to businesses, the UK Government has issued some guidance on what will happen to EU intellectual property rights in the event the UK and EU fail to reach an agreement by 29 March 2019 (a “no...
The government has recently issued a notice outlining the effect on the patent system were the UK to leave the EU without an agreement (a "no deal" scenario) in March 2019. While the notice reassures that such a scenario remains unlikely, it...
Following a week of political drama, which has seen the resignation of the Foreign Secretary and the Secretary of State for Exiting the EU, the British Government today published its much-anticipated "White Paper". This sets out the proposals for...
The Hungarian Constitutional Court today ruled that the Unified Patent Court Agreement (UPCA) is contrary to the Hungarian constitution and therefore cannot be ratified by Hungary.The decision (in Hungarian) is available here. The Constitutional Court...
In a speech to mark World IP Day, the British Government's IP Minister, Sam Gyimah, announced that the UK has ratified the Agreement on a Unified Patent Court. The question of whether the UK will seek to remain a member of the UPC after Brexit is still...
This morning, the UK and EU's chief negotiators announced that a deal has been reached on the transitional arrangements which will apply in the immediate period following the UK's formal withdrawal from the EU. Although the withdrawal and...
EPO fee changes from 1 April 2018 - What this means for your business Instead of its customary biennial fee increase to reflect inflation, on 1 April 2018 the EPO will make selected changes to its fees. As explained...
On 28 February 2018 the European Commission published its draft for an agreement on the UK's terms of withdrawal from the EU. It must be stressed that this is a draft, rather than a finalised agreement, and sets out the European...
UK patent fees to increase from 6 April 2018 - What this means for your business On 6 April 2018, the UK Intellectual Property Office is making small increases to most of its fees. In addition, excess claims and page fees are being introduced....
This morning the German Federal Constitutional Court (BVerfG) published its "preview for the year", listing the cases which it intends to decide during 2018. The pending "Constitutional Complaint" against German ratification...
EU Trade Marks - Life after Brexit What are the key issues? The UK is due to leave the EU on 29 March 2019. After that date, in the absence of any formal arrangements to the contrary, EU trade marks will cease to have legal effect in the...
Willy Wonka once said “Invention, my dear friends, is 93% perspiration, 6% electricity, 4% evaporation, and 2% butterscotch ripple”. Although that adds up to 105%, Roald Dahl hints in this quote that clearly a lot of hard work goes into...
Under the company RC Pet Products Limited, Rory Carr trades in a variety of goods for animals, such as collars, coats, harnesses and pet toys. As part of its branding the company uses an image of a paw print, and was surprised to encounter opposition...
Since agreement was reached in December on "sufficient progress" in Phase 1 of the Brexit negotiations (regarding the terms of withdrawal), little news has been heard about the status of EU/UK discussions. Officially, Phase 2 of the talks...
According to Mathieu Klos of respected German legal website JUVE, a total of seven organisations* have submitted opinions in relation to the ongoing "Constitutional Complaint" against German ratification of the UPC...
The Chartered Institute of Patent Attorneys (CIPA) last week launched its new video short “European Patent Work Unaffected By Brexit”, highlighting that when it comes to patents in Europe, it is business as usual. The European Patent Office...
Following the surprise submission last year of a "constitutional complaint" against German participation in the Unified Patent Court system, ratification of the UPC Agreement was put on hold. The Federal Constitutional Court invited...
Following its consideration by the Grand Committee of the House of Lords last week, the Unified Patent Court (Immunities and Privileges) Order 2017 was formally approved by the House this afternoon. All that now remains before the UK is...
The Grand Committee of the House of Lords this afternoon considered the Order on Privileges and Immunities, following the Commons' approval of the same Order. The discussion was brief and sidestepped the issues of Brexit and the pending German...
As reported here, the House of Commons' Delegated Legislation Committee considered the UPC Privileges and Immunities Order last week. The legislation was formally approved by MPs yesterday, as reported in Hansard . The legislation...
On Wednesday afternoon, the House of Commons' Delegated Legislation Committee approved the final piece of legislation which needs to be enacted before the UK can ratify the Unified Patent Court Agreement. Approval by the full House of Commons is now a...
The European Patent Office (EPO) has published a revised version of its Guidelines for Examination , which will come into effect on 1 November 2017 . Whilst primarily addressed to EPO Examiners, the Guidelines are also helpful a tool for...