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.

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.

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.