Background Despite difficulties in practice, Article 3 of Directive (EU) 2015/2436 provides that colours can be registered as trade marks. A colour must, however, constitute a ‘sign’ and it is this context which has made the process of registering a colour as a trade...
Background There has recently been an extensive debate surrounding the legal basis for the EPO’s practice of requiring an Applicant of a European patent application to amend the description of the application to bring this into conformity with the allowed claims. This...
A copy of our Amicus Curiae brief is reproduced below and can be downloaded here: Schlich Amicus Curiae – 18 July 2022. Executive Summary These combined referrals from Board 3.3.04, G1/22 and G2/22, are both headed “Entitlement to priority” [1]. Decision T844/18...
Excess Claims Fees Up until now, there have been no excess claims fees in Canada and therefore minimal or no incentives for applicants to limit the number of claims in their patent applications. Under the new regime, excess claims fees will be payable for claim sets...
There has long been a desire for patent rights to be pan-European. This project has been ongoing for decades with many fits and starts, but a new system has been built and is scheduled to begin operation at the end of 2022 or the beginning of 2023. This new system is...
What is a unitary patent? Traditionally, when a European patent is granted by the European Patent Office (EPO), it is validated individually in each EPC contracting state of interest to the applicant/proprietor. Each of those contracting states is then responsible for...
Recent Comments