The UKIPO refused both marks under Section 3(6) TMA on the ground that the applications were filed in bad faith due to the inclusion of the footballers’ names. This decision from the UKIPO was upheld following a hearing, during which GTS was invited to file letters of...
The UK Courts have decided that they have jurisdiction to grant an interim injunction, restraining an infringer, before a European Patent has granted, in the specific circumstances where the Appeal Board of the EPO had held that a patent should be granted, but the...
Background It has long been the EPO’s practice to require an Applicant of a European patent application to amend the description to bring this into conformity with the claims once these are allowed by the Examiner. Articles 84 EPC, Rule 42(1)(c) EPC, and Rule 48(1)(c)...
Background In 2021, both Luxembourg’s Tribunal d’arrondissement and Belgium’s Tribunal de l’entreprise francophone de Bruxelles referred cases to the CJEU as Case C-148/21 and Case C 184/21, respectively. These referrals asked the CJEU to decide whether the operator...
Background Following T 1989/18, many applicants of European patents were of the view that Examining (and Opposition) Divisions could no longer require them to amend the descriptions of their applications prior to grant, so that they conform with the claims. By...
Questions on the European SPC Regulation, in particular in relation to SPCs for combination products, have been raised at the CJEU many times over the years. It is therefore hoped that this newest referral may provide some much-needed clarity. Background For an SPC to...
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