Small to medium enterprises

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.

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.