Background Dr Thaler filed two UK patent applications, one for a new food/beverage container and another for a new light beacon. As part of the application process, Form 7’s were filed at the UK Intellectual Property Office (UKIPO) stating that the inventor for...
When the EPO’s Enlarged Board of Appeal issued its decision in G 2/21 (the “plausibility” referral), many were left wondering what the requirements were for a patent applicant/proprietor to be able to rely on post-filed evidence in support of inventive step. However,...
Background – Skinny Labelling Enacted by the Hatch–Waxman Act In 1984, the US Congress introduced a law called the Drug Price Competition and Patent Term Restoration Act, or the “Hatch–Waxman” Act after the two sponsors of the bill: Representative Henry Waxman and...
Prior attempts – Puck Schrover case Previously, several models have filed applications to register trade marks of real-life pictures but have mostly been unsuccessful. One of the recent cases involved the figurative mark of Dutch model Puck Schrover. The application...
Our Headnote It seems that the era of “plausibility” is over, and there may now be little, if any, consideration given to whether the technical effect was plausible / not implausible in view of the application as filed. Instead, emphasis is now placed on the “broadest...
The case has now been remitted to the ED after it was found by the Board that several substantial procedural violations were committed. Below is our timeline of the examination procedure and it is safe to say that, after considering the facts, we are siding with the...
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