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).
Read the latest news and briefings from the team at Schlich about real cases involving patents, trade marks and designs.
In our previous article, we reported an EPO Technical Board of Appeal decision, T 1989/18, that found there to be no legal basis for the long-established practice of requiring applicants to amend the description of their European patent applications prior to grant so that they conform with the allowed claims of the application. However, in this decision (T 1024/18), a different Board of Appeal has effectively overturned the earlier decision, concluding that amending the description is necessary to meet the support requirement of Art. 84 EPC.
There has been a new referral to the CJEU from the Supreme Court of Ireland on the interpretation of Articles 3(a) and 3(c) of the European SPC Regulation in relation to combination products.
The EPO has introduced new versions of the Guidelines for Examination in the European Patent Office and the Guidelines for Search and Examination at the EPO as PCT Authority. Both sets of Guidelines took effect on 1 March 2022, as part of the EPO’s regular two-yearly cycle of revisions.
This judgement relates to a number of preliminary issues in connection with proceedings relating to the validity of a divisional patent in the name of Neurim and alleged infringement by Viatris (previously Mylan). During the proceedings, Neurim amended the claims of the divisional patent to correspond to the claims of the parent patent, which had been held to be valid by the UK High Court but subsequently revoked by the EPO. The preliminary issues relate to whether Mylan is issue estopped from challenging the validity of the divisional and whether Neurim’s conduct is abusive.
The Legal Board of Appeal has confirmed that an AI system cannot be the inventor of a patent application at the EPO, agreeing with the decision of the Receiving Section (reported by us in our article of February 2020).
The Board of Appeal of the EUIPO has concluded that vacuum clear bags are entitled to design protection and are not excluded as complex products. This decision seems to confirm that consumable products are eligible for design protection.
New Referral to the Enlarged Board of Appeal on the Use of Post-Published Data to Support Inventive Step Confirmed
Further to our article of September 2021, the Board of Appeal has now confirmed its referral of three questions to the Enlarged Board regarding the use of post-published data in establishing an inventive step.
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
Enertechnos designs highly efficient power transmission cables using its revolutionary Capacitive Transfer System. An important feature of these cables is that capacitance is distributed along their lengths, which minimises power loss.
We would like to congratulate Juliette Boynton in becoming our newest Associate here at Schlich! With this well-deserved promotion, Juliette joins our existing Associates: Andrew Clements and Alex Bajjon.
At the start of January we launched our new website and, if we do say so ourselves, it has been a great success!