PATENTS, TRADE MARKS AND DESIGNS
WE HELP INDIVIDUALS AND BUSINESSES OF ALL shapes and SIZES
Schlich is a unique team of European Patent and Trade Mark Attorneys based in the South of England. Since 2004, we’ve helped our clients acquire, and defend, their IP assets, helping them to build and grow successful businesses based on their IP assets.
We draft and file patent applications, get them granted and enforce them. We also prepare and file trade mark applications and prosecute them to registration.
To enforce our clients’ rights, we also represent them in court and other inter partes proceedings (and, where necessary, attack and remove competitors’ rights).
Recent Insights
Read the latest news and briefings from the team at Schlich about real cases involving patents, trade marks and designs.
G 1/23 confirms that products placed on the market before the effective date of a European patent application constitute prior art, regardless of whether they can be reproduced
On 2 July 2025, the EPO’s Enlarged Board of Appeal (EBA) issued its decision in G 1/23. The referral stemmed from T 0438/19, an appeal against the decision of an opposition division to reject an opposition against a European patent directed to a material for encapsulating a solar cell which comprises an ethylene/alpha-olefin copolymer with certain defined properties, including a content of aluminium element of from 10 to 500ppm. D1 disclosed a commercially available copolymer, ENGAGE® 8400, which the opponent/appellant sought to rely on as the closest prior art for their inventive step challenge; however, the Patentee argued, with reference to G 1/92, that ENGAGE® 8400 cannot be reproduced (i.e., it is not enabled) and therefore it has not been made available to the public within the meaning of Article 54(2) EPC and thus is not a suitable starting point for the assessment of inventive step. Grappling with how to interpret G 1/92, the Board in T 0438/19 referred three questions to the EBA focused on understanding whether a commercial product, put on the market before the filing date of a European patent application, can be excluded from the state of the art for the sole reason that it could not be reproduced. The EBA has now answered, and the short answer is no!
Going it Alone: The EPO Chooses a Different Path to Claim Interpretation to the Courts
Many of us thought G 1/24 would convince the EPO to change its approach to claim interpretation, however a few recent decisions of the EPO’s Boards of Appeal and at least one commentary regarding the EPO’s official guidance to its examiners suggest the EPO’s practice of interpreting the claims in isolation may be here to stay. The EPO thus appears to be taking a different approach to claim interpretation to the national courts and the UPC, despite the Enlarged Board of Appeal stating in G 1/24 that it considered such an idea “a most unattractive proposition”.
Cancelled claims can come back to haunt you: Lessons from Colibri v. Medtronic
Patent infringement in the United States continues to evolve, particularly in how prosecution history impacts the interpretation of patent claims during the Infringement proceedings. A recent decision by the U.S. Court of Appeals in Colibri v. Medtronic offers a compelling example of this trend, illustrating how choices made during patent prosecution can later affect enforceable rights.
Highstreet Wars: From Portobello Road Market to the High Court
Two Portobello Road Market traders battle it out in the High Court for the rights to the brand, “The Notting Hill Shopping Bag.” The decision of the court serves as a cautionary tale of the importance of protecting intellectual property rights when dissolving or transferring a company.
New Referral to the Enlarged Board of Appeal: The Description Amendment Saga Goes On!
The question of legal basis for the EPO’s description amendment requirement has been the subject of debate for a long time. However, a recent referral to the Enlarged Board of Appeal (G 1/25) has set the stage for finally settling this matter.
Supreme Court Provides Reality Check on Post Sale Confusion
Can the way a logo appears on a pair of football boots lead to trade mark infringement? The answer to this question and further clarification on the concept of “post-sale confusion”, was provided in Iconix v Dream Pairs, a case that recently reached the UK Supreme Court. In its judgment, the Court offered long-awaited clarification on whether a likelihood of consumer confusion must arise at the point of sale, or whether confusion occurring later, such as when a logo is seen on the side of football boots from the sideline of a football pitch, can also be relevant in determining infringement.
South Africa Introduces New Plant Variety Rights Act Echoing the EU System
South Africa follows in the EU’s footsteps with new Plant Variety Rights Act which draws many parallels to the existing EU system
Is ChatGPT a skilled person? The EPO says no.
In today's world, artificial intelligence has become a part of many aspects of our daily lives. Unsurprisingly, AI is also making its way into the field of intellectual property law, as large language models are being used in proceedings before the EPO.
EXCELLENCE IN PATENT AND TRADE MARK LAW
The Schlich Team
Our clients expect and receive a responsive, friendly, high quality and great value service thanks to our experienced professionals. Our UK and European Patent Attorneys and Chartered Trade Mark Attorneys have a broad range of scientific and technical degrees and Ph.Ds from top UK Universities, and have decades of experience advising at cutting edge of legal and commercial issues and technologies.
We build on our deep experience of prosecution and inter partes proceedings to give the best strategic and practical advice, and to secure the best patent and trade mark protection for our clients’ innovations. Our team does this efficiently, and in a friendly and clear manner, supported by a wider team of highly skilled and experienced legal support staff.
Latest Firm News
Schlich Named in Financial Times ‘Europe’s Leading Patent Law Firms’ for 2025
Schlich are proud to announce that we have been named one of ‘Europe’s Leading Patent Law Firms’ by the Financial Times. The list, compiled by peer and client recommendations, as well as statistical research, published a total of 215 firms offering patent attorney services in Europe.
Schlich Team awarded Gold, Silver and Bronze by the IAM Patent 1000 2025
We are delighted to announce that Schlich has once again been listed in the IAM Patent 1000 rankings, for patent prosecution in the United Kingdom. In addition, Schlich attorneys George Schlich, Juliette Boynton, David Eyre, Michael Hutchins, Simon Wright, Andrew Clements and Alexander Bajjon are noted as “Recommended Individuals.”
Schlich Endorses Electric Green for The Earthshot Prize 2025!
We are delighted to announce we have put our client, Electric Green, forward to CIPA for a nomination for The Earthshot Prize 2025. CIPA’s case study features Electric Green’s wireless electric vehicle (EV) charging system and can be read here.
