The confidentiality of medical trials was examined in recent EPO board of appeal case T 0670/20. During phase IIa and IIb clinical trials conducted prior to the filing of patent application EP2140867, tablets of anti-blood clot agent edoxaban were distributed. Under European law, is not necessary to show that a disclosure has in fact taken … Read More
Blog
New Rules Require UK Address for Service in Trade Mark and Design Matters
There are two main scenarios in which UK pending or registered design and trade mark rights held by non-UK applicants or proprietors might not have a UK address for service (“AFS”) or representative. They are: UK rights filed and secured through the Madrid Protocol (trade marks) or Hague Convention (registered designs); and Registered trade mark … Read More
Hindsight in Assessment of Inventive Step
The EPO favours the problem-solution approach in the assessment of inventive step. This involves identifying the closest prior art, as the prior art document that provides the most promising starting point for an obviousness attack. However, the step of identification of the closest prior art in the problem-solution approach creates a potential tension with one of … Read More
Compliance Period for UK Divisional Patent Applications Shortened
From Monday 1 May 2023, UK divisional applications will be accorded a compliance period which is equal to the original and un-extended compliance period of the parent application. In accordance with the amendments to the UK Patents Rules 2007 (as amended), from Monday 1 May 2023, the UKIPO will attribute to a divisional application filed … Read More
EPO Transitional Measures for the UPC start on 1 January 2023
Although the sunrise period of the Unified Patent Court (UPC) was recently delayed to 1 June 2023, the transitional measures offered by the EPO remains unchanged and these transitional measures will start on 1 January 2023. From this date, it is possible to request a delay to the issuance of a decision to grant to … Read More
Republic of Moldova invited to accede to European Patent Convention
On 13 December 2022, the EPO Administrative Council invited Moldova to accede to the European Patent Convention (EPC). Moldova has been a validation state of the EPC since 2015, and is now expected to become the 40th contracting state to the EPC.
UPC: Postponed
The start of the Unified Patent Court Agreement (UPCA) was delayed today by two months. The sunrise period will now start on 1 March 2023 followed by entry into force of the UPCA on 1 June 2023. This delay is thought to be required to allow further time for users to get to grips with … Read More
EPO Assessment of Inventive Step when an Unusual Parameter is Claimed
Before the EPO, the standard requirement is that the technical effects of a claimed invention and that of the closest prior art can be directly compared. Where a claimed invention is described through reference to “an unusual parameter” such comparison is difficult. Recent EPO Board of Appeal decision T 0555/18 is a caution against defining an … Read More
Opposition Oral Proceedings by Video Conference to become the Norm
The President of the EPO has recently decided that, from 1 January 2023, oral proceedings by video conference will become the default position in opposition proceedings. This reduces the cost associated with oral proceedings, making them more accessible and sustainable.
Opting Out of the Unified Patent Court
The European Unitary Patent Convention is due to come into effect in 2023. The default position is that any European Patent granted after 1 March 2007 will fall under the jurisdiction of the new Unified Patent Court unless opted out. The Unified Patent Court (UPC) will offer a centralised court system not just for the … Read More