Search results - found 49
hES cell patents in Europe the inescapable Brustle trap? (International reports)
The patentability of inventions relating to human embryonic stem cells (hES cells) is currently an area of controversy in Europe. This article examines which hES cell claims the European Patent Office (EPO) is prepared to grant, with reference to a recent decision from the EPO Opposition Division on the Brustle patent.
An introduction to clarity in EPO oppositions (International reports)
The European Patent Office Enlarged Board of Appeal recently handed down a decision on the extent to which amendments made during opposition proceedings can be examined for clarity, following a referral from a lower board.
Good things come to those who wait: modernising the EU trademark system (International reports)
In April 2015 the European Commission, the European Parliament and the European Council finally agreed on a new package of trademark law reforms. The reforms are intended to promote innovation and economic growth and ensure coexistence and consistency between different trademark offices.
Enlarged Board of Appeal rules on partial priority (International reports)
A new decision from the European Patent Office (EPO) Enlarged Board of Appeal marks a radical change in the EPO’s approach to assessing priority entitlement. The decision resets the EPO’s approach to assessing priority in the situation where only some parts of the claim are entitled to priority a concept known as 'partial priority' making it much easier for a claim to benefit from partial priority.
European Commission notice against patentability of plants does not affect European plant patents (International reports)
The European Commission recently issued a notice regarding the patentability of plants and animals obtained by means of essentially biological processes. However, the commission’s notice is not legally binding; it is up to the courts and boards not the commission to interpret the law.
Impartial to partial priorities: questions referred to EPO Enlarged Board of Appeal (International reports)
The European Patent Convention hides a notorious concept known as ‘the inescapable trap’: if a granted claim involves added matter, there is no way to restore it except by shifting the scope of the patent which in turn invalidates the patent. Recent European Patent Office practice suggests that there might be another way for patentees to shoot themselves in the foot: through ‘poisonous priority’.
Nested claims before the EPO: pragmatic cosmetics or clarity-obstructing nuisance? (International reports)
It has been said that the logo of the European Patent Office resembles the ideal method for drafting a set of patent claims: the broadest, most well-rounded claim should be in the centre, surrounded by additional layers of protection in the form of dependent claims. This can result in nested subject matter within the scope of the broadest claim. The result could be a set of nested claims or could it?
Claims on plants obtained by essentially biological processes not excluded from patentability (International reports)
Good news for the plant biotech industry: the Enlarged Board of Appeal has issued its ruling in the consolidated Broccoli and Tomato cases in favour of the patentability of claims on a novel plant product generated by an essentially biological process or a product-by-process claim defined in the terms of such a process.
A new IP era in Europe consensus gentium (International reports)
The European Court of Justice has concluded that the envisaged agreement creating a European and Community Patents Court was not compatible with the provisions of EU law. However, there is no reason to believe that the political process will be stopped at this point based on legal arguments.
New rules put time limit on divisional applications (International reports)
On 1st April 2010 new Implementing Regulations to the European Patent Convention will enter into force. The regulations will have a major impact on the hitherto generous provisions regarding the filing of divisional applications in the European Patent Office patent prosecution process.
SPC decisions rain down from the ECJ (International reports)
Towards the end of 2011 there was a flurry of activity at the Court of Justice of the European Union, with Europe’s highest court handing down a number of decisions relevant to supplementary protection certificates a unique form of IP right that provides an additional monopoly that comes into force after expiry of a patent.
EU law concerning SPCs and interpretation of the SPC Regulation (International reports)
The European Court of Justice has clarified whether certain active ingredients in medicinal products are eligible for supplementary protection certificate (SPC) protection. The court ruled that the relevant EU legislation contains no prohibition against obtaining an SPC for an active ingredient which is covered by a basic patent and which is covalently bound to another active ingredient in a medicinal product.
Obligation to use registered Community trademark registrations (International reports)
The EU Community Trademark Regulation requires the owner of a Community trademark to make genuine use of the mark within five years of registration. Advocate General Sharpston recently raised doubts as to whether "using a trademark in one member state only supposedly suffices to keep a Community trademark alive”.
Second and further medical use claims under the EPC 2000 (International reports)
The European Patent Convention (EPC) 2000 provides for the patentability (subject to the requirements of novelty and inventive step) of a known substance or composition not only for its first use as a medicament, but also for further medical uses. Recently a referral to the Enlarged Board of Appeal was made regarding the allowability of dosage regimes in (further) medical use claims under the EPC 2000 - an issue that was generally considered resolved under the old EPC.
ECJ rejects Calvin Klein opposition action (International reports)
The European Court of Justice has issued its ruling in Calvin Klein Trademark Trust v Office for Harmonisation in the Internal Market. The court held that where no similarity exists, the reputation of or goodwill attached to the earlier marks is insufficient to affirm a likelihood of confusion.
Community trademarks in light of the Max Planck study (International reports)
A study carried out by the Max Planck Institute for Intellectual Property and Competition Law and recently published by the European Commission may lead to amendments that will affect the Community trademark (CTM) system. Among the wide range of issues reviewed, some of the study's recommendations could lead to major changes in the protection of CTMs.
New referral regarding SPC availability for certain medical devices (International reports)
A new question has been referred to the European Court of Justice by the German Federal Patent Court on the availability of supplementary protection certificates for medical devices in this case, a combined medical device and medicinal product that has been authorised under the Medical Devices Directive.
Degeneration into a generic name: companies are victims of their own success (International reports)
The aim of every trademark owner is for its trademark to become well known on the market. However, this success can backfire when a trademark becomes so well known that consumers start to think that it is a generic name for the underlying products or services. Although this might appear to be the ultimate compliment, such development may lead to the downfall of a trademark.
Retro: registering 'lost' brands (International reports)
Retro has made a comeback in recent years. Brands which used to be all the rage but then disappeared from the market are now getting a new lease of life. Reintroducing such names and benefiting from the goodwill often still associated with the brand is an attractive proposition for companies. But is it allowed?
Impact of EU enlargement on trademark protection (International reports)
The accession of certain West Balkan states to the European Union is expected to take place within the next few years. The enlargement of the European Union will raise problems in connection with Community trademarks - such registrations will automatically become effective in the new member states, but conflicts with existing marks may occur.
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