IP news & updates
The latest IP news and updates from Beck Greener
With the recent announcement of the delay to the implementation of the UPC Agreement to 1 June 2023, and the start of the “Sunrise Period” to 1 March 2023, the EPO has announced that two transitional measures previously signaled at the start of 2022 will come into force on 1 January 2023.
Instruments of accession to the Madrid Protocol were filed by Belize on 24 November 2022 with the World Intellectual Property Organization (WIPO) in Geneva, taking the number of countries covered by the Madrid System of International Trade Marks to 129 countries.
The roadmap for the UPC has been postponed by two months.
The EPO has decided, following completion of a pilot project, that from 1 January 2023 video conference (VICO) will be the default format for Oral proceedings in opposition. The practice of recent months and years is here to stay.
The EPO has announced that it has updated its mailing period rules. The update will end the current mailing period arrangements with effect from 1 November 2023.
Any publicly available, enabling disclosure that occurs before the filing or priority date of a patent application before the European Patent Office (EPO) is currently novelty destroying (unless there has been a breach of confidence). A grace period in which a patent application can still be filed following a disclosure of the invention by the applicant itself exists in a number of countries but there is no equivalent provision in the European Patent Convention (EPC). In June 2022, the EPO released a report reviewing the impact that implementing a grace period in Europe would have for applicants. The purpose of the review was to provide an evidence-based assessment for the potential economic impact of the introduction of a grace period in Europe.
A new global sequence listing standard came recently came into force, replacing the existing WIPO ST.25. As of 1 July 2022, sequence listings in all new PCT and national/regional applications must comply with ST.26.
Beck Greener Partner Jon Markham worked with Rob White, founder of White Motorcycle Concepts to create a patent application to cover an innovative aerodynamic concept. Rob’s idea was to create a ground-breaking aerodynamic motorcycle by opening up the bike with a channel of air flowing from the front to the rear of the bike, decreasing the drag and reducing CO2 emissions. This innovative aerodynamic concept is set to revolutionise the electric vehicle market.
A requirement of the EPO Guidelines for Examination (H-V, 2.7 and F-IV, 4.3(iii)) is that the description of a patent must be in conformity with the claims. During prosecution of an application, it is usual practice for the applicant to request that changes to the description only be made once the examiner has agreed to an allowed set of claims.
Chile and Cape Verde deposited their instruments of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO) in Geneva on 4 and 6 April 2022 respectively, meaning the Madrid System of International Trade Marks now covers 128 countries.
The EPO has paused all proceedings where the determination of whether an invention contains an inventive step is solely reliant on data that was not publicly available at the filing date until the Enlarged Board has published a decision in case G2/21.
On 18 January 2022, Austria deposited its ratification of the Protocol on Provisional Application of the Unified Patents Court (UPC).
It is an exciting time for technical innovations in the food industry, in the UK, Europe and globally. We look here at the factors contributing to a boom in food innovation, at some fast developing areas, and at how to protect food innovations against competitors.
The UK Intellectual Property Office (UK IPO) has recently completed two reviews on patent filing data from 2000 to 2020. The first focusses on the profile of the various users of the UK IPO and the second analyses the global filing activities of UK patent applicants.
Owners of EU Trade Marks and Designs (including designations of the EU under the International System administered by WIPO) which had been granted protection by the EUIPO by 31 December 2020 (except in design cases in which publication was deferred) were awarded corresponding UK registrations automatically after the expiry of the Brexit transition period at the end of 2020.
If you have been consumed by the news surrounding the global battle against Covid-19, then you may have missed the opening shots in what could be a very different battle – the dispute between Marks & Spencer (M&S) and Aldi relating to their respective “Caterpillar” cakes, Colin and Cuthbert.
Pakistan has recently deposited its instrument of accession to the Madrid Protocol with the World Intellectual Property Organization (WIPO) in Geneva, meaning the Madrid System of International Trade Marks now covers 124 countries.
In late 2018 Dr Stephen Thaler filed two patent applications with the UK IPO. Upon filing, these applications were fairly typical, including all the necessary information at the time of filing to proceed through the patent system.
The Patent Cooperation Treaty (PCT) has been expanded to include Guernsey and Gibraltar following recent announcements from the UK government.
Under current UK law, owners of applications or registrations for UK patents, trade marks or designs have been required to provide an address anywhere in the European Economic Area to which correspondence relating to their rights could be directed.