WP IP

News and commentary on IP issues

EPO Enlarged Board clarifies that the description and drawings shall always be consulted to interpret claims

book-3294946_640
On 18 June 2025, the European Patent Office's Enlarged Board of Appeal issued their keenly awaited G1/24 decision clarifying the rules of interpretation for patent claims when assessing patentability.  The Board decided that the "description and drawings shall always be consulted to interpret the claims" when assessing the patentability o...
Continue reading
  424 Hits
424 Hits

Defining Your Patient Group – A Cautionary Tale

Infection
The recent EPO appeal decision T0589/22 discusses the requirement of plausibility in a diagnostic method case, but also provides a cautionary tale regarding defining a patient group in a claim. At the European Patent Office, for a therapeutic application (and by extension, a diagnostic application) to be considered sufficiently disclosed, the ...
Continue reading
  488 Hits
488 Hits

Validation of European Patents in Laos

LaosFlag
 The European Patent Office has announced that the validation agreement with Laos signed in May 2024 will enter into force on 1 April 2025. From this date, it will be possible to obtain protection in 46 countries by means of a single European patent: - The 39 Member States - The single remaining Extension State (Bosnia and Herzegovina) - ...
Continue reading
  706 Hits
706 Hits

How and whether to accelerate environmentally friendly patent applications in the UK

How and whether to accelerate environmentally friendly patent applications in the UK
Green means go…? The drive for sustainability across all industries is constantly yielding new technologies. However, it is not only in brand new ideas that businesses are striving to make progress. The improvement and optimisation of existing technologies is critical to making advancements in sustainability. This presents further opportunities for...
Continue reading
  1046 Hits
1046 Hits

Costa Rica to become EPO validation state

Flag_of_Costa_Rica.svg
A validation agreement has been signed between the European Patent Office and Costa Rica.  It was signed on 13 December 2024 and is expected to enter into force shortly, making Costa Rica the seventh country to become a "European" validation state.  Once the agreement comes into force, European Patents can be validated in Costa Rica ...
Continue reading
  1354 Hits
1354 Hits

UK Patents – Is a Neural Network a Computer Program

neural-network
The UK court case over Emotional Perception's patent application is set to continue into next year. The UK Supreme Court will consider the case and, we expect, be asked to decide what is a computer program. Earlier the year, we reported on Emotional Perception's success in the High Court, persuading the Judge that because an artificial neural netwo...
Continue reading
  1314 Hits
1314 Hits

UK IPO launches new SME financial support scheme, IP Advance

PiggyBank
In welcome news for small and medium-sized enterprises (SMEs), the UK Intellectual Property office (IPO) has launched "IP Advance", a new financial support scheme which offers SMEs a helping hand in understanding and commercialising their intellectual property (IP) assets. The scheme has two tiers of funding, and businesses can apply to either one,...
Continue reading
  1760 Hits
1760 Hits

Romania to become 18th Unitary Patent state

Flag of Romania
Romania has ratified the Unitary Patent Court Agreement and deposited its ratification. It will become the 18th member state of the Unified Patent Court (UPC) on 01 September 2024, and Unitary Patents registered on or after this date will also include Romania.  As highlighted in our related article, this does not have retrospective effect...
Continue reading
  1906 Hits
1906 Hits

Not all Unitary Patents are created equal

18 UP states Romania becomes 18th Unitary Patent state
Different Unitary Patents can have different geographical coverage. The Unitary Patent states are fixed when a Unitary Patent is registered during the grant stage of a European patent. Countries that subsequently become Unitary Patent states are not retrospectively added. This is in stark contrast to European Trade Marks and Designs where...
Continue reading
  2345 Hits
2345 Hits

European Patent Office Launches New Fee Reduction Scheme to Support Micro-Entities

money
In good news for individuals and smaller businesses with little experience of the European patent system, the European Patent Office will shortly be introducing additional discounts on some of its fees for certain applicants. However, there are strict and complex requirements on eligibility and caution should be used in deciding whether or not...
Continue reading
  4094 Hits
4094 Hits

European Patent Office Fees increase from 1 April 2024

Fee Increase
The European Patent Office has announced increases to a number of its fees. The increases become effective on any payment made from 1 April 2024 onward. Many, such as the increases to the search, examination and grant fees are modest. However, the renewal fees payable in years 3-5 of a European patent application will increase&n...
Continue reading
  4334 Hits
4334 Hits

Validation of European Patents in Georgia

Georgia
On 15 January 2024, the Republic of Georgia will become the 45th country in which patent protection may be obtained via a European patent. The "validation" agreement between Georgia and the European Patent Organisation was signed on 31 October 2019, and will come into force this month. The European Patent Organisation currently has 39 Member States...
Continue reading
  3172 Hits
3172 Hits

UK Patentability for Artificial Intelligence

AI
The UK High Court has issued an important ruling in Emotional Perception AI Ltd v Comptroller-General of Patents, Designs and Trade Marks, overruling the UK IPO and deciding that trained artificial neural networks (ANNs) do not fall under the "program for a computer" exclusion of section 1(2)(c) of the Patents Act 1977. The UK I...
Continue reading
  2913 Hits
2913 Hits

UK Supreme Court Judgement on DABUS as an inventor

The-Supreme-Court-Westminster-London
Today, 20th December 2023, the UK Supreme Court has handed down its judgment in this case, dismissing Dr Thaler's appeal. On the Issue of Patentability The UK Supreme Court has held that: "…DABUS, a machine with no legal personality, is not and has never been an inventor within the meaning of the 1977 Act. This is more than a formal objection.It go...
Continue reading
  3725 Hits
3725 Hits

Right to priority in European Patent Applications - EPO decides there is a rebuttable presumption of validity

PriorityRight
The Enlarged Board of Appeal at the European Patent Office (EPO) has now issued its written decision in consolidated cases G1/22 and G2/22. The Enlarged Board of Appeal concludes that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal requi...
Continue reading
  2671 Hits
2671 Hits

Goodbye to the "Ten Day Rule" at the EPO

TenDays
The EPO's idiosyncratic "ten day rule" relevant to calculating notified deadlines is being abolished in November. Many a European patent attorney has been thankful for the EPO's ten day rule after receipt of very late instructions to proceed with filing a response. This peculiarity of EPO practice has its origin in the days of postal ...
Continue reading
  2444 Hits
2444 Hits

Plausibility at the EPO - Enlarged Board of Appeal decision G2/21

HummingbirdHawkMoth
The long-awaited Enlarged Board of Appeal decision G2/21 has finally been issued. It confirms that evidence submitted in support of inventive step cannot be disregarded solely on the ground that such evidence had not been public before the filing date and was only filed after that date. The background to this Decision and the referral to the E...
Continue reading
  2821 Hits
2821 Hits

Practical Tips for Patenting Antibodies in Europe

Antibody
The patenting of proteins is well established in Europe as long as they meet the requirements of novelty and inventive step.Antibodies are a specific type of protein, and to obtain useful patent protection for these, there are specific requirements to take into consideration.We have previously written about the European Patent Office's Guidelines f...
Continue reading
  3380 Hits
3380 Hits

Developing Drugs for Developing World Diseases: The Role of Patents

Mosquito
The Covid-19 pandemic has brought the issue of patents for medicines (in particular vaccines in the case of Covid) to the fore.From the debate surrounding enhancing distribution of Covid vaccines in the developing world by implementing a patent waiver, it is clear that the oft-heard argument that intellectual property to protect such vital products...
Continue reading
  3010 Hits
3010 Hits

The Unified Patent Court and Unitary Patent are coming

UPC
The long-awaited Unified Patent Court opens its doors on 1 June 2023 now that Germany has ratified the UPC Agreement. Alongside this, patents granted at the European Patent Office will be able to be registered for a single Unitary right covering certain EU member states (in addition to other states being individually registered separately in the co...
Continue reading
  2929 Hits
2929 Hits