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.
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.
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.
In this article, trade mark attorney and associate Hannah Burrows provides practical tips for brand owners, based on issues that commonly crop up in the BBC’s ‘Dragons’ Den’.
Following 1 January 2024, the APHA will need an address for service in the UK, or the name and address of an agent in the UK, if they wish to continue to hold their Retained EU Plant Variety Right under UK legislation.
In this article, trade mark attorney and associate Hannah Burrows discusses the considerations brand owners will need to make when planning to launch new, sustainability-focused services.