Background to the referral The G 1/23 referral came from Board 3.3.03 in the consideration of T 0438/19, an appeal against the decision of an opposition division to reject an opposition against a European patent directed to a material for encapsulating a solar cell...
We reported in our article of June 2025 that the decision of the EPO’s Enlarged Board of Appeal in G 1/24 seemed likely to “force a monumental change in practice at the EPO, whose examiners are very unlikely to now be able to raise objections against the claims of a...
Background Colibri Heart Valve LLC held a patent covering a method for implanting an artificial heart valve, specifically focusing on controlled and recoverable valve deployment. The patent originally included two independent claims: one involving pushing the valve...
This High Court dispute between two Portobello Road Market traders over the rights to the brand “The Notting Hill Shopping Bag” considered issues of trade mark infringement, copyright infringement and passing off. “The Notting Hill Shopping Bag” brand has been used by...
Background As reported in several of our earlier articles, it has long been the practice of the European Patent Office (“EPO”) to require the description of a European patent application to be amended upon allowance of the claims to ensure that the description does...
Background In a recent UK Supreme Court Case, Iconix, the owner of Umbro, brought a claim against Dream Pairs under section 10(2) of the Trade Marks Act 1994. Iconix argued that Dream Pairs’ stylised “DP” sign (the “DP logo”), when used on footwear, was confusingly...
Recent Comments