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WP IP
News and commentary on IP issues
UK Supreme Court Judgement on DABUS as an inventor
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 n...
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As of 1 January 2021, a UK, Gibraltar or Channel Islands address for service will be required for any new UK IP rights. This change has received parliamentary approval and is implemented in a UK IPO notice (TPN 2/2020) dated 21 December 2020. Action should be taken and we would be very happy to assist. If your IP rights are&nbs...
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We are delighted that the UK Court of Appeal has today granted Dr Thaler the right to appeal the DABUS decision, which involves the important issue of patentability of inventions created by AI systems. Williams Powell is handling the DABUS patent applications as well as the UK and EPO appeals. The cases had been rejected by the UK High Court. The o...
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As of January 2021, parties will no longer have free choice on whether a hearing (oral proceedings) during examination or opposition is in person or via video conferencing before the European Patent Office (EPO). Video conferences will be the default. 12 months ago, we would have had to fight for a hearing (oral proceedings) to be held with t...
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In the EU, a designer is able to benefit from both unregistered and registered design rights. Although cheap and easy to obtain, many designers have chosen to rely on registered designs only for the more important designs/products and fall back on unregistered rights for the rest. However, that may not be possible in certain situations as of 1 Janu...
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A Supplementary Protection Certificate (SPC) can provide up to five years additional protection for a patented active ingredient of a pharmaceutical product that has received a marketing authorisation. The objective is to compensate a patent holder for the delay in being able to use the patent by the need to obtain the marketing authorisation. An S...
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We have previously written about our involvement in filing and prosecuting patent applications for two inventions created by the AI inventor DABUS, and naming DABUS (the true deviser of the inventions) as the inventor.The UK IPO found the inventions to be both novel and inventive, and therefore, in principle, protectable by patent. ...
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On 20 July 2020, the UK Government announced its official withdrawal from the Unified Patent Court (UPC) Agreement. This is a disappointment but not unexpected. Does this mark an end to over 40 years of efforts to produce a harmonised IP litigation process in Europe? Of course not. The UPC has, in recent year...
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Ever since the Decision issued back in 1997 in the case of Biogen v Medeva the concept of insufficiency has been extended, particularly in the chemical and biotech fields, to include claims that have "excessive breadth" (so-called "Biogen insufficiency"). The Courts in the UK have applied this frequently to revoke patents that they decide clai...
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Regeneron Pharmaceuticals' European patent EP 1360287 and its divisional EP 2264163 relate to methods of producing transgenic mice able to produce antibodies having human sequences, and the mice produced thereby. These patents covered the idea of producing mice having mixed human-murine gene sequences that could be subsequently modified t...
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The European patent office has announced here that until 31 August 2020, no surcharge is payable for late paid renewal fees. This provision applies to EPO renewal fees having a deadline (without extension) between 15 March 2020 and 30 August 2020. Cases falling into this provision, will be deemed validly paid if the renew...
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The European Patent Office's Enlarged Board of Appeal, decided that "dynamic interpretation" on legal issues is possible and has issued a ruling that reverses its previous position and significantly changes the patentability of plants, plant materials and animals at the European Patent Office. The Enlarged Board of Appeal, ...
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On Friday 20 March 2020 the German Federal Constitutional Court dealt a blow to the Unified Patent Court (UPC), issuing a decision to uphold a constitutional complaint lodged against the German ratification of the UPC agreement. The complainant (a German patent attorney), had argued that the ratification of the UPC agreement was contrary to the Ger...
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Dear Clients, Colleagues and Associates. We wish you the very best over this period and that you stay healthy and safe.Williams Powell is running as a virtual office with full and uninterrupted access to all our office systems. We are also very fortunate in being able to have one or more members of staff visit the office as needed.There i...
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