In an opposition against a patent granted in the name of Canon Kabushiki Kaisha, André Nickel as opponent indicated that the opposition was filed against claims 8 and 9, and not the patent “as a whole”. Argumentation in support of the opposition was provided, this...
Background Under the Civil Code of China, “likenesses” of individuals are protected as personality rights. Specifically, no party is entitled to use an image of a person without that person’s consent. This is known as the “right to likeness” and is detailed in Article...
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...
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