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When is a Trade Marked Shape Dictated by Technical Function? When it is Used or When it is Made?

When is a Trade Marked Shape Dictated by Technical Function? When it is Used or When it is Made?

by David Eyre | Feb 11, 2025 | Trademarks

Article 7 of the EU Trade Mark Regulation (EUTMR) states absolute grounds for refusal of registration of a trade mark including that a sign shall not be registered when the sign consists “exclusively of […] the shape, or another characteristic, of goods which is...
UK High Court Confirms Requests for Arrow Declarations Based on Insufficient Disclosure Miss the Mark

UK High Court Confirms Requests for Arrow Declarations Based on Insufficient Disclosure Miss the Mark

by Sean Hutchinson | Feb 3, 2025 | UK

Background It is a fundamental principle of patent laws around the world that, in return for being granted a patent for an invention, the patent applicant must disclose the invention to the public in a manner sufficiently clear and complete for a person skilled in the...
Is an Intervener an Opponent or Appellant, or just an Intervener?

Is an Intervener an Opponent or Appellant, or just an Intervener?

by Juliette Boynton | Jan 27, 2025 | EPO

This issue was previously considered by the Enlarged Board in G3/04, who concluded that the Appeal could not be continued. The G3/04 decision notes that the status of an intervener is defined in Article 105 EPC which states:- Any third party may, in accordance with...
EPO Tightens Patent Rules for Medical Data Processing Innovations

EPO Tightens Patent Rules for Medical Data Processing Innovations

by Luke Pettit | Jan 2, 2025 | EPO

Background and First Instance Decisions In Europe, claims directed toward mathematical methods are allowable only if it is clear that they contribute to the “technical character” of an invention. Under European practice, to assess the inventive step of a mathematical...
UniQure’s Haemophilia B gene-therapy patent found valid – and infringed by Pfizer

UniQure’s Haemophilia B gene-therapy patent found valid – and infringed by Pfizer

by David Eyre | Dec 6, 2024 | UK

Haemophilia B   A blot clot is produced following a cascade of reactions after injury. Haemophilia is a disorder of blood clotting whereby one of the factors that contributes to this cascade of reactions is defective. Consequently, for sufferers from this condition...
SkyKick v Sky: UK Supreme Court rules on Bad faith

SkyKick v Sky: UK Supreme Court rules on Bad faith

by Vicky Colley | Dec 3, 2024 | Trademarks

This judgement marks an important step forward in clarifying the definition of ‘bad faith’ and highlights the importance of having a genuine intent to the use trade marks for all goods and services covered. Background Sky, the well-known television, telephone,...
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