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...
Background In mid-2015, the IP company responsible for managing Lewis Hamilton’s IP (which Formula 1 fans will be amused to read is aptly named “44IP Limited”) applied to register “LEWIS HAMILTON” as an EU trade mark. Registration was ultimately allowed for various...
Change in acceleration practice Recent changes to EPO opposition acceleration practice, published earlier this month, further expand the integration of EPO oppositions with post grant actions in court, whether at the Unified Patent Court or in a national court....
Furthermore, this Appeal Board is the same Board that presided over T1989/18, and issued the first Board of Appeal decision to find a lack of legal basis for requiring amendments to the description. Background to Appeal T0056/21 Prior to issuing the Notes of...
Background Under UK law, if an invention is devised by a person who is an employee of another party, and that other party owns the invention by virtue of being that person’s employer then, if a patent is granted for the invention and either the invention or the patent...
Introduction to the Decision On 10 October 2023, the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) published its decision in combined referrals G 1/22 and G 2/22: “Entitlement to Priority”. The referrals arose in cases T2719/19 and T1513/17. While...
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