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.
Oppositions (and then appeals of the opposition decisions) are a mainstay of the work of the EPO, allowing third party scrutiny of granted patents prior, and often in place of, litigation. The process can also be a safe means of testing the litigation water as, with only a few exceptions, no estoppel is generated through these EPO proceedings.
The requirement to amend the description of a European patent application so that its scope of disclosure matches that of the claims is a particular requirement of EPO practice and there is debate within the EPO as to whether such description amendments should be required before allowance. As part of this ongoing debate, the Board of Appeal in T56/21 has proposed a referral to the Enlarged Board of Appeal on this issue.
Provided certain criteria are met, employees in the UK are entitled to compensation from their employers for inventions they have made which their employers own. However, the UK courts have historically been reluctant to award such compensation, and thus employee compensation actions in the UK seldom succeed. Over recent years, an increasing number of employee compensation actions have been decided in favour of the employee, and thus a recent decision explaining some of the requirements for successful employee compensation actions is well worth a read for inventive employees and their employers alike.
STOP PRESS: Decision Issued in the EPO’s Enlarged Board of Appeal (EBA) “Entitlement to Priority” Referral (G1/22 and G2/22)
The EBA’s Decision in G1/22 and G2/22 answers both key questions in the affirmative: YES, the EPO can examine entitlement to priority; and YES, the PCT ‘Joint Applicants’ approach gives a valid priority claim at the EPO.
Federal Circuit leans on the Supreme Court’s recent decision in Amgen v. Sanofi to find Baxalta’s functionally defined antibody claims invalid for lack of enablement.
Just a few months ago, the US Supreme Court handed down its decision in Amgen v Sanofi (Amgen), namely that Amgen’s patents broadly claiming antibodies that inhibit the PCSK9 protein are invalid for lack of enablement. Now, in a decision that broadly mirrors Amgen, the Federal Circuit have found Baxalta’s functionally defined antibody claims insufficient.
This article looks at the requirements of Article 72 EPC, i.e., the requirement that the assignment of a European patent application must be made in writing and contain "the signature of the parties to the contract".
Notwithstanding the doctrine of equivalents now used to interpret claim scope, the principle of purposive construction is still used to interpret specific terms in a patent claim. In this case this yielded the result that “bigger” could be the same as “not bigger”.
A recent Decision, T1482/21, from the Board of Appeal of the EPO considered whether a decision to re-establish a patent application can be challenged during Opposition proceedings at 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
Sean qualified as a European Patent Attorney in 2019 and continues to provide excellent IP assistance to a range of clients, particularly those in the immunotherapy space. By working closely with...
We are pleased to announce that Simon Wright has been elected as the Chair of the Biotechnology Committee at epi.
Schlich held a Coronation party on Friday. Dressed in red, white and blue, we snacked on some treats and looked forward to a (hopefully) sunny long weekend to celebrate the upcoming Coronation of King Charles III.