There has long been a desire for patent rights to be pan-European. This project has been ongoing for decades with many fits and starts, but a new system has been built and is scheduled to begin operation at the end of 2022 or the beginning of 2023. This new system is...
What is a unitary patent? Traditionally, when a European patent is granted by the European Patent Office (EPO), it is validated individually in each EPC contracting state of interest to the applicant/proprietor. Each of those contracting states is then responsible for...
The UKIPO refused both marks under Section 3(6) TMA on the ground that the applications were filed in bad faith due to the inclusion of the footballers’ names. This decision from the UKIPO was upheld following a hearing, during which GTS was invited to file letters of...
The UK Courts have decided that they have jurisdiction to grant an interim injunction, restraining an infringer, before a European Patent has granted, in the specific circumstances where the Appeal Board of the EPO had held that a patent should be granted, but the...
Background It has long been the EPO’s practice to require an Applicant of a European patent application to amend the description to bring this into conformity with the claims once these are allowed by the Examiner. Articles 84 EPC, Rule 42(1)(c) EPC, and Rule 48(1)(c)...
Background In 2021, both Luxembourg’s Tribunal d’arrondissement and Belgium’s Tribunal de l’entreprise francophone de Bruxelles referred cases to the CJEU as Case C-148/21 and Case C 184/21, respectively. These referrals asked the CJEU to decide whether the operator...
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