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Legal Board of Appeal confirms an AI cannot be the inventor of a patent

Legal Board of Appeal confirms an AI cannot be the inventor of a patent

by | Feb 15, 2022 | Briefings, EPO

Background In 2018, two patent applications (EP3564144 and EP3563896) were filed by the same applicant, Dr Thaler, and initially failed to provide information about the inventor. After notification from the EPO regarding the missing inventor details, the applicant...
Can vacuum cleaner bags be protected by design registration?

Can vacuum cleaner bags be protected by design registration?

by Juliette Boynton | Feb 11, 2022 | Briefings, Designs & Copyright

Miele had obtained a registration of a vacuum cleaner bag and Green Label applied to have this registration declared invalid. Green Label’s main argument was that a vacuum cleaner bag is component part of a complex product, the component is not visible during normal...
New Referral to the Enlarged Board of Appeal on the Use of Post-Published Data to Support Inventive Step Confirmed

New Referral to the Enlarged Board of Appeal on the Use of Post-Published Data to Support Inventive Step Confirmed

by Sean Hutchinson | Feb 8, 2022 | EPO

Background In our previous article, we discussed the expected referral to the Enlarged Board of Appeal in case T 116/18, wherein the Board of Appeal decided greater clarity was required concerning the use of post-published data when considering inventive step. The...
EPO Board of Appeal Casts Doubt on Requirement for Description Amendments

EPO Board of Appeal Casts Doubt on Requirement for Description Amendments

by Alex Bajjon | Feb 4, 2022 | EPO

Background In this case, the applicant appealed an Examining Division decision to refuse an application under Art. 84 EPC as the applicant did not, in the Examining Division’s view, sufficiently amend the description to conform with the allowed claims. On appeal, the...
The Importance of Filing Relevant Evidence in Trade Mark Oppositions

The Importance of Filing Relevant Evidence in Trade Mark Oppositions

by Sean Hutchinson | Jan 24, 2022 | Trademarks

Background On 11 March 2020, Little Hare Gin Company Limited (hereinafter, “the Applicant”) applied to register a UK trade mark for a series of logos developed for a range of goods and services, most notably including “gin” in Class 33. Each logo comprised an image of...
The Die Is Cast – The European Unified Patent Court is on its way

The Die Is Cast – The European Unified Patent Court is on its way

by David Eyre | Jan 21, 2022 | Briefings, EPO, UPC, US & International

Background to the UPC The European Unitary Patent is intended to provide a further and more efficient option for enforcement of patent rights across the European Union. It is based on the European patent system which is overseen by the European Patent Organisation...
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