Welcome to Greenshoots
Greenshoots is a collection of fresh intellectual property insight, analysis and commentary on the issues that matter most to those who invent, manage and protect intellectual property, written by the IP specialists of Appleyard Lees.
Now that you’re here, why not take a look around?
Should European patent applications be opted-out of the Unified Patent Court?
The EU patent package establishing a Unitary Patent (UP) providing EU-wide patent coverage and a Unified Patent Court (UPC) to enforce such patents entered into force on 1 June 2023, and our clients are deciding whether or not to opt out their existing European patents from the jurisdiction of the UPC.
The application of Protected Designations of Origin (PDOs) to sparkling wines in a post-Brexit landscape
The recent purchase of UK land by European Champagne houses, raises the question of how aligned the EU’s PDO/PGI scheme is with the UK’s replacement GI scheme.
The Greenshoots Podcast by Appleyard Lees – episode 38: routes into a career as an IP attorney
In this episode of the podcast, we are joined by trade mark attorney Vishal Dattani and trainee patent attorney Monifa Phillips to discuss careers in IP.
Communications from the Unified Patent Court
The Unified Patent Court has recently issued two communications about their case management system (CMS). The CMS is to be used for registering opt outs from the UPC.
T 1688/20: the “Gold Standard” test of novelty
In T 1688/20, the Board of Appeal has deviated from novelty criteria with respect to selection inventions as set out in the EPO guidelines for examination (G-VI, 8, ii), in favour of applying the “Gold Standard” test of novelty. This decision may be useful when arguing novelty in examination and opposition proceedings.
Getting UPC ready: a Q&A for European patent holders and non-European attorneys
In this session, Appleyard Lees partners and patent attorneys Kate Hickinson and Howard Read provided answers to commonly asked questions about the UP and UPC.
Lidl v Tesco: the battle of the yellow circles
In a judgment handed down on 19 April 2023, the High Court of England and Wales has found Tesco to infringe Lidl’s trade mark rights, copyright and rights in passing off in its blue and yellow logo.
The Greenshoots Podcast by Appleyard Lees – episode 37 – 3D printing: innovation and IP risks, with Professor Jason Laing
This episode discusses current innovation trends in 3D printing and smart materials, the IP risks associated with this technology area, and how smart materials such as graphene could be used to combat counterfeiting.
G2/21 Plausibility – the decision
The Enlarged Board of Appeal have decided that post-published evidence can be used to prove a technical effect for the assessment of inventive step if the technical effect is “encompassed by the technical teaching” of the application at the original filing date.
