Selected points of interest are as follows: New regulations to streamline and clarify existing procedures. This is done through detailing e filing provisions, introducing the “division of trade mark applications” for partially refused applications,...
Consequently, it has long been desired to have a European patent with unitary effect, that is, a patent application that is searched and examined by the EPO but which upon grant is automatically in force in all EU member states. Progress towards such a unitary patent...
The new unitary patents will be granted using the existing European patent application procedure, with the proprietor being able to choose whether to have a unitary patent or a number of national patents on grant. The Unitary Patent System is not currently in force as...
As background, Prof. Dr. Brüstle has parallel European and German patents relating to neural precursor cells, derivable from cells obtained from human embryos (as well as other sources). The patents are notable in that they were initially objected to in both...
A central issue was whether it was appropriate, when considering whether a claim was obvious, to apply the so-called “teaching, suggestion or motivation” (TSM) test. The Supreme Court decided that the TSM test provides a “helpful insight” but criticised the lower...
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