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.
What’s in a name? – SCOTUS Confirms Names cannot be Registered as Trade Marks
This ruling upheld the decision that trade mark registrations cannot be the name of a living person without their permission, and that this revocation is not unconstitutional. However, the Justices could not unanimously agree on why this ruling has been upheld. In 2018, an application to register the mark “TRUMP TOO SMALL” was filed in […]
Food for fork: stretchy cheese and contradictory post-filed evidence
T 0629/22 considered how the credibility of a claimed invention should be addressed in the face of contradictory evidence
Therapeutic Effect – a Higher Bar for Novelty than for Sufficiency at the EPO
EPO medical use claims are interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, this interpretation yields different bars for novelty and sufficiency, as confirmed by EPO TBA Decision T 0209/22.
New Hope for Antibody Claims in the US
However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US claims, such claims commonly attract written description and enablement objections. Enablement requires that […]
What is Obvious about a US Design Patent?
There are significant differences in the requirements for registration of a design right in the US versus the UK and Europe. A recent en banc decision by the US Federal Circuit in LKQ v. GM Global Tech. Operations has widened those divisions still further.
Clarity Once Again: The EPO’s Enlarged Board of Appeal Suggests the Current Test for Whether to Admit Post-Filed Evidence into Proceedings Should Stand
Following G 2/21, the referring board in the case underpinning that referral (T 116/18) established a test based on the principles set out by the EPO’s Enlarged Board of Appeal for deciding whether to admit post-filed evidence into proceedings. The opponent then filed a petition for review of that decision, rendering it unclear whether the new test would be upheld or overturned. The Enlarged Board has now issued its preliminary opinion on that petition, which strongly suggests the test established by T 116/18 will be upheld and the petition dismissed.
Romania to Join the UPC
On 31 May 2024, the Romanian government deposited its instrument of ratification of the UPC Agreement with the Council of the European Union, meaning that Romania will become the 18th member of the Unitary Patent System on 1 September 2024. Thus, those validating their European patents with unitary effect are advised to request a delay to registration of their unitary patents to ensure Romania is covered.
Gaining access to documents filed in a UPC action
All decisions and orders of the UPC are published on the UPC website. Registered representatives can also see, via the Case Management System, all documents that have been filed on a specific action. Gaining access to these documents themselves such that the content can be reviewed is however more difficult and third parties wishing to gain such access must submit a reasoned request pursuant to Rule 262.1(b) of the Rules of Procedure. How such requests are currently being dealt with by the UPC is the subject of the presently discussed decision.
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 listed in the FT as one of Europe’s Leading Patent Law Firms 2024
We are extremely pleased to announce that Schlich has been listed by the UK’s Financial Times as one of their leading European patent law firms for 2024.
Ben Snipe Joins Schlich
We are delighted to announce that Ben Snipe has joined Schlich
Schlich Walks for Mental Health Awareness Week
With the sun making an appearance and this week being Mental Health Awareness Week we have swapped our treadmill team effort and decided to join the ‘2024 Mental Health – Moving More Challenge’ by taking ourselves away from our desks and walking along the seafront during our lunch breaks.
