The original AI image was modified by Kent Keirsey, CEO of Invoke AI and also the owner of the copyright registration in question. The image was modified using a technique called inpainting. The application to register “A Single Piece of American Cheese” was initially...
Article 84 EPC seems clear in stating that “the claims shall define the matter for which protection is sought”. More recently, the Unified Patent Court (UPC) on the face of it appears to concur. UPC Court of Appeal decision 335/2023 states “The Patent Claim is not...
Background In November 2023, a Dutch national, filed a BENELUX application for the trade mark “ART PENGUIN”, shown below, covering goods in class 2, for paints, primer coatings and pigments, and class 16, for paper, bookbinding material, artist supplies and...
Article 7 of the EU Trade Mark Regulation (EUTMR) states absolute grounds for refusal of registration of a trade mark including that a sign shall not be registered when the sign consists “exclusively of […] the shape, or another characteristic, of goods which is...
Background It is a fundamental principle of patent laws around the world that, in return for being granted a patent for an invention, the patent applicant must disclose the invention to the public in a manner sufficiently clear and complete for a person skilled in the...
This issue was previously considered by the Enlarged Board in G3/04, who concluded that the Appeal could not be continued. The G3/04 decision notes that the status of an intervener is defined in Article 105 EPC which states:- Any third party may, in accordance with...
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