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...
Vegan Cheese Product Claim T 0629/22 concerned European patent no. 3422865 (subject-matter: vegan cheese and preparation thereof). The product claim was distinguished from the prior art according to the type and amount of starch used in the vegan cheese. However, the...
These provisions for “second medical use” also rely on the claims for use in a method of treatment being interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, the interpretation...
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...
Registered Design Rights be they UK Registered Design Rights, European Registered Design Rights, US Design Patents or Registered Design Rights granted in other jurisdictions are highly useful Intellectual Property Rights that have been increasing in commercial...
Background In our article of January 2024, we reported that the opponent in the case underpinning the “plausibility” referral (G 2/21) had filed a petition for review of the referring board’s decision (T 116/18) by the Enlarged Board of Appeal. That petition is...
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