Background Lidl have been operating in the UK since 1973, during which they have always used the familiar blue and yellow Lidl logo. Last year Lidl accused Tesco of infringement of their registered trade mark rights in relation to two versions of this logo: the...
Under the current versions of Rules 126 and 127 EPC, communications/documents are deemed to have been notified to the recipient on the tenth day following the date of the document (regardless of how they are transmitted – electronically or by postal services). Many...
The guidance is: in support of inventive step, yes, post-filed data can be used, if it relates to the same invention as disclosed in the original application. Summary of the Decision In summary, in support of inventive step in a claim in a European patent: • yes,...
As we know, when claiming priority from an earlier application, one of the tests for a valid priority claim is that it relates to the “same invention”; this being essentially the same as the test for added matter and requiring a “direct and unambiguous” disclosure of...
Background In August 2022, Lite-Netics, LLC ‘Lite-Netics’, who sell string lights with magnets for attaching to a surface such as a roof edge during the Christmas period, brought an infringement action against Nu Tsai Capital, LLC d/b/a Holiday Bright Lights (HBL)...
In this decision the Hearing Officer noted that a marketing authorisation is focused on what a product is rather than what it does. Consequently, a change in how the authorised product is used does not alter the basis of the original marketing authorisation....
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