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Professional Service
Patents
Patents represent a key aspect of our clients’ intellectual property and may have significant commercial value, whether used to protect core technology, keep competitors out of a particular technical/commercial space, or as a source of revenue through licencing or assignment of rights. We understand that the role of patents may vary depending on the nature and life-stage of our clients’ businesses and seek to offer practical and tailored advice.
In drafting patent applications, we seek to define your inventions in a way that offers commercially-relevant protection, provides flexibility to address any unforeseen objections arising during prosecution, and ultimately provides valuable rights that can be defended and enforced, if required.
The Schlich attorneys adopt a creative and practical approach to prosecution, and have experienced considerable success through direct interaction with EPO and UKIPO Examiners. We can also advise on effective strategies for accelerating prosecution, or deferring costs, to reflect your commercial needs. We are also able to coordinate patent prosecution worldwide, either directly through the European and International (PCT) patent systems or by working through established relationships with trusted foreign law firms.
The Schlich patent team have developed considerable experience, and a proven track record of success, in EPO opposition and appeal proceedings (both offensive and defensive). We are also able to advise on, and propose practical solutions to, potential freedom-to-operate and infringement issues.
Our Specialist Patent Attorneys
The Patent Attorneys at Schlich offer a combination of technical knowledge and broad experience in all aspects of patent drafting, prosecution, oppositions and advising on and managing contentious issues.
Recent Insights
Read the latest insights from the Schlich team reporting recent cases and updates to patent law.
Food for fork: stretchy cheese and contradictory post-filed evidence
T 0629/22 considered how the credibility of a claimed invention should be addressed in the face of contradictory evidence
Therapeutic Effect – a Higher Bar for Novelty than for Sufficiency at the EPO
EPO medical use claims are interpreted to include the physiological or technical effect of the treatment as being a functional feature of the claim. However, this interpretation yields different bars for novelty and sufficiency, as confirmed by EPO TBA Decision T 0209/22.
New Hope for Antibody Claims in the US
However, in a significant development we now report, means-plus-function language for a claim to an antibody complied with both of the USPTO requirements for written description and for the claim not to be indefinite. Where functional language alone is used in US claims, such claims commonly attract written description and enablement objections. Enablement requires that […]
Clarity Once Again: The EPO’s Enlarged Board of Appeal Suggests the Current Test for Whether to Admit Post-Filed Evidence into Proceedings Should Stand
Following G 2/21, the referring board in the case underpinning that referral (T 116/18) established a test based on the principles set out by the EPO’s Enlarged Board of Appeal for deciding whether to admit post-filed evidence into proceedings. The opponent then filed a petition for review of that decision, rendering it unclear whether the new test would be upheld or overturned. The Enlarged Board has now issued its preliminary opinion on that petition, which strongly suggests the test established by T 116/18 will be upheld and the petition dismissed.
Romania to Join the UPC
On 31 May 2024, the Romanian government deposited its instrument of ratification of the UPC Agreement with the Council of the European Union, meaning that Romania will become the 18th member of the Unitary Patent System on 1 September 2024. Thus, those validating their European patents with unitary effect are advised to request a delay to registration of their unitary patents to ensure Romania is covered.
Gaining access to documents filed in a UPC action
All decisions and orders of the UPC are published on the UPC website. Registered representatives can also see, via the Case Management System, all documents that have been filed on a specific action. Gaining access to these documents themselves such that the content can be reviewed is however more difficult and third parties wishing to gain such access must submit a reasoned request pursuant to Rule 262.1(b) of the Rules of Procedure. How such requests are currently being dealt with by the UPC is the subject of the presently discussed decision.
China Update – Amendments to the Chinese Implementing Regulations of the Patent Law
Earlier this year, amendments to the Chinese Implementing Regulations of the Patent Law came into force on 20 January 2024, with changes covering patents, design and utility models applications. In this article, we provide a quick summary of the key changes applicable to Chinese patent applications.
UPC Court of Appeal Suggests the Description is Relevant to Deciding Whether Certain Embodiments Are Excluded from the Scope of the Claims
The question of whether and to what extent the description should be used to interpret the claims of a patent is a disputed topic in patent law, with there being a need to construe the claims as they are written whilst also reading them in the context of the patent as a whole. In its first substantive decision, the UPC’s Court of Appeal suggests the description can be used to decide whether arguably impractical embodiments are excluded from the scope of the claims.
Get in touch
Our team of UK and European Patent Attorneys and Chartered Trade Mark Attorneys are highly knowledgeable and experienced in assisting clients with all aspects of their IP needs.
Contact us now to find out more about how we could help you and your business.