WP IP

News and commentary on IP issues

Plausibility - EPO stays proceedings in view of Enlarged Board Referral

moth-g635cf3fe4_1920
The European Patent Office has announced a stay of all examination/opposition proceedings involving applications/patents in which the assessment of inventive step is exclusively based on evidence that was not publicly available before the filing date, and in which the decision depends entirely on the outcome of Referral G2/21 (Plausibility), u...
Continue reading
  3068 Hits
3068 Hits

A Unified Patent Court for Europe - Coming Soon?

UPC
Europe may soon have its Unified Patent Court and Williams Powell is ready to assist you. With attorneys qualified for the European Patent Litigation Certificate (which gives UPC rights of representation) and as a Patent Attorney Advocate & Litigator (which gives rights of representation in the UK Courts) we are well-placed not only to obtain I...
Continue reading
  2627 Hits
2627 Hits

Patent Sufficiency reconsidered by UK Court of Appeal

Sufficiency
This Court of Appeal Decision concerned two families of patents held by FibroGen:Family A and Family B relating to H1F-PH inhibitors for the treatment of (respectively) CKD anaemia (anaemia associated with chronic kidney disease) and ACD (anaemia of chronic disease).Family A was published before the relevant priority date of Family B, and so i...
Continue reading
  2281 Hits
2281 Hits

UK Court of Appeal judgment on the DABUS AI as inventor appeal

brain-4863428_640
On 21 September 2021 the Court of Appeal handed down its judgment in THALER v COMPTROLLER GENERAL OF PATENTS TRADE MARKS AND DESIGNS [2021] EWCA Civ 1374. The Court of Appeal, in a split 2/1 decision dismissed Dr Thaler's appeal. Lord Justice Arnold held in his judgment that there is no rule of law that a new intangible produced by existing ta...
Continue reading
  3301 Hits
3301 Hits

DABUS the AI system confirmed as the inventor and Dr Stephen Thaler as the owner of the DABUS inventions

web-3706562_1920
Today a second country has confirmed that DABUS, an artificial intelligence system, can be named as the inventor in a patent and that Dr Stephen Thaler as the rightful owner of the DABUS inventions. Following from patent applications filed by Williams Powell, first in the United Kingdom and at the European Patent Office, then by way of an inte...
Continue reading
  3567 Hits
3567 Hits

Illumina – Shining a light on DNA Sequencing Technology

Sequence
In this English High Court case relating to the infringement and validity of five patents held by Illumina, Mr Justice Birss decided upon several hot topics in the biotech patenting world. We summarise some of the most interesting points here. The Technology Briefly, the patents related to DNA sequencing technology.More specifically, three of ...
Continue reading
  2960 Hits
2960 Hits

Claiming Antibodies in European Patent Applications

Immune
In the past year, we have all heard more about antibodies in the general news than anyone ever desired. When we are exposed to pathogens, antibodies form a vital part of our immune systems in protecting us from deadly diseases.Isolated from the body or synthetically produced, antibodies can have many uses and are particularly important as therapeut...
Continue reading
  3442 Hits
3442 Hits

Defining Amino Acid and Nucleic Acid Sequences in European Patent Applications

BioSeq
Welcome guidance on the interpretation of claims to amino acids and nucleic acids defined by their sequences is provided by updated Guidelines for Examination at the European Patent Office now in force. New section F-IV-4.24 sets out that both amino acid sequences and nucleic acid sequences can be defined by "percentage identity". The percenta...
Continue reading
  2970 Hits
2970 Hits

UK IP rights - address for service changes

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...
Continue reading
  3923 Hits
3923 Hits

Breaking News - DABUS granted Right to Appeal UK Judgement

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...
Continue reading
  3178 Hits
3178 Hits

European Patent Office pushes use of video conferences in Opposition Division oral proceedings

 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...
Continue reading
  3053 Hits
3053 Hits

Register your designs and avoid the headaches and politics of unregistered rights

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...
Continue reading
  2315 Hits
2315 Hits

Supplementary Protection Certificates: Only for First Use of an Authorised Product

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...
Continue reading
  2021 Hits
2021 Hits

UK IPO Calls for Views on Patents for AI Inventions

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.  ...
Continue reading
  2378 Hits
2378 Hits

UK Withdraws from Unified Patent Court system - but likely with less impact than you would expect

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...
Continue reading
  2799 Hits
2799 Hits

UK Patent Courts Warn Against Greedy Claims

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...
Continue reading
  2984 Hits
2984 Hits

UK Supreme Court invalidates transgenic mouse patents for insufficiency

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...
Continue reading
  3094 Hits
3094 Hits

European Patent Office Suspends Late Payment Fees on Renewals

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...
Continue reading
  2619 Hits
2619 Hits

Plants Produced by Essentially Biological Processes are not Patentable in Europe

vegetables
You might think that an article dealing with broccoli, tomatoes and peppers ought to be on a recipe blog. However, these are the names of high profile cases in an area that, over recent years, has seen more change in European patent law than perhaps any other. It now seems that the European Patent Office wants closure. We reported here on the most ...
Continue reading
  3351 Hits
3351 Hits

Clarification on patentability of plants and animals at European Patent Office?

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, ...
Continue reading
  16156 Hits
16156 Hits

By accepting you will be accessing a service provided by a third-party external to https://www.williamspowell.com/