Search results - found 56
EPO introduces new acceleration scheme (International reports)
Following consultation with users, the European Patent Office (EPO) has published a new early certainty from search scheme. The new scheme comes in addition to the 2010 rules for dealing with requests filed under the programme for accelerated prosecution of European patent applications. The EPO seems to be aiming for the world record in processing speed but will the new scheme work?
Can a plant rule supplant a plant decision? (International reports)
The Administrative Council of the European Patent Office recently amended the regulations pertaining to the patentability of plants. In the new rules, plants and animals exclusively obtained by an essentially biological breeding process are excluded from patentability.
Wrinkles for L’Oréal during BOTOX battle with Allergan (International reports)
Advocate General Mengozzi has delivered his opinion on the appeal to the Court of Justice of the European Union brought jointly by Helena Rubinstein and L’Oréal against a 2010 judgment of the General Court of the European Union which dismissed appeals filed by those two companies.
Pure 3D trademarks: a unique occurrence (International reports)
According to European legislation, three-dimensional (3D) trademarks can be registered. However, day-to-day practice can be surprising. Once a 3D trademark passes the distinctiveness text, the exceptions laid down in the law will be lurking - for instance, is the shape determined by the nature of the product, or does shape give products substantial value? Therefore, registering a pure-form trademark in Europe is rare.
Appeal board finds Swiss-type claims have different scope from EPC 2000 second medical use claims (International reports)
A new decision of the European Patent Office Technical Board of Appeal indicates that Swiss-type claims provide a different scope of protection from EPC 2000 second medical use claims. Swiss-type claims are widely used in European patents directed to new medical indications of known compounds, so this decision could have important implications for the enforcement of many patents in national courts across Europe.
hES cell patents in Europe what’s the point? (International reports)
In spite of the European Court of Justice's Brustle decision, it may be possible to get claims granted by the European Patent Office which, on their face, encompass human embryonic stem cells (hES cells). But is there any point in getting such claims granted? Do patents prevent parties from using hES cells in Europe, or is there freedom to operate?
Furrowed brows for L’Oréal at end of Allergan BOTOX battle (International reports)
The First Chamber of the Court of Justice of the European Union has given its judgment dismissing the appeal brought jointly by Helena Rubenstein and L’Oréal against the 2010 judgment of the EU General Court in favour of Allergan, Inc, owner of the BOTOX trademark. The judgment marks the end of the road for a case with a long history.
Commissioned designs: an oral contract is not worth the paper it is not written on (International reports)
The European Court of Justice recently issued a preliminary ruling concerning the interpretation of Articles 14(1) and 14(3) of the EU Community Designs Regulation. The court affirmed that Article 14(1) establishes that the right to the Community design vests in the designer, unless it has been assigned by way of contract.
The (high) value of second medical use patents: legal background (International reports)
Second medical use claims can be of high value for the patent owner, particularly when defining effectors of a medical target by their functionality. This report considers several questions raised by the definition of a compound in use claims.
Halloumi versus hellim: more than just a trademark battle? (International reports)
The European Court of Justice recently dismissed a challenge to the registration of the mark HELLIM for cheese, approving it for registration. The registration was challenged by the owner of the collective Community trademark HALLOUMI based on the likelihood of confusion.
SPCs for biologics guidance on product definitions, scope and validity from EFTA Court (International reports)
The Court of Justice of the European Free Trade Association States has provided some much-needed guidance regarding the scope and validity of SPCs for biologics, but the language used may concern innovators. It remains to be seen whether the European Court of Justice will agree with this approach.
The (high) value of second medical use patents: practical example (International reports)
Second medical use claims can be of significant value for the patent owner, particularly when defining effectors of a medical target by their functionality. This report discusses the commercial value of second medical use claims based on an example from practice.
ECJ case law on genuine use of trademarks (International reports)
In a number of decisions the European Court of Justice has clarified what constitutes use of a trademark in situations where the mark as used differs from the mark as registered, or where it is used only as part of a more complex trademark. The decisions have relevance when arguing for acquired or enhanced distinctiveness through use, as well as when proving genuine use of a trademark.
Injunctive relief for smartphone SEP holders: patent protection on hold? (International reports)
Standards-essential patents (SEPs) protect a technology which is essential for the implementation of an industry standard developed by a standards-setting organisation. Recent European Commission proceedings against Samsung and Motorola and a forthcoming European Court of Justice decision on the availability of remedies to SEP holders put the spotlight on the issues raised by SEPs.
Iceland versus ICELAND: why a country’s name can also be a trademark (International reports)
British supermarket Iceland Foods is at loggerheads with Iceland the country over the European trademark registration for ICELAND. The question to be decided is whether a company can claim the name of a country.
Revised EPO guidelines on computer-implemented inventions (International reports)
The European Patent Office Guidelines 2017 recently entered into force. Like the previous edition, this year’s guidelines include substantial, extensive and comprehensive improvements with regard to guidance on the eligibility of computer-implemented inventions parts.
EPO revises examination guidelines: key aspects for applicants (International reports)
The European Patent Office recently amended and clarified all eight parts of its examination guidelines in order to harmonise them with legal and procedural developments, as well as with standing practice. The major change was the expansion of Part A, which now includes a comprehensive chapter on fees.
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.
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