UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
The BASF judgment: how timing uncertainty impacts divisional patent applications in India
Patent applicants in India often face a practical question: what is the last possible opportunity to file a divisional patent application? While the Indian Patents Act (1970) specifies this can be done “any time before the grant of the parent patent application,”...
UK sees threefold drop in low-carbon vehicle foreign patent filings, according to latest data
New analysis of patent filing data suggests global confidence in the UK market for low-carbon vehicle technology has fallen significantly, with active patents in the UK market from multinational companies at a five-year low. A new report reveals foreign investment in...
Federal Circuit permits IPR petitioners to raise new analogous art arguments in reply
In instituted inter partes reviews at the Patent Trial and Appeal Board, the petitioner can use its post-institution reply to respond to the patent owner’s post-institution response and to the Board’s decision to institute. However, the PTAB’s Consolidated Trial...
INTA amicus brief calls for maintaining long-established test for obviousness in context of design patents
New York, New York—October 31, 2023—The International Trademark Association (INTA) filed an amicus brief in the United States Court of Appeals for the Federal Circuit in the case of LKQ Corporation et al. v. GM Global Technology Ops. LLC, No. 2021-2348, urging the...
EPO Validation State system has high potential and low uptake, finds new Mewburn Ellis report
LONDON – International IP firm Mewburn Ellis today released a report on the Validation State system, a newer feature of the European Patent (EP) system employing ‘Validation Agreements’ to secure and validate European patent protection in four Emerging Market...
Ericsson’s legal battle with Lenovo over 5G patents: a decade-long dispute
In a recent legal development, telecom giant Ericsson has taken legal action against Lenovo and its mobile phone subsidiary, Motorola. The lawsuit accuses Lenovo of infringing on Ericsson's 5G patents and obstructing negotiations over mutual licensing agreements. The...
Keeping innovations secure amid MI5’s warnings on cyber espionage
Last month, Ken McCallum, the director general of MI5, issued a stark warning to UK businesses: Chinese cyber spies are watching closely and targeting organizations of all sizes to steal innovations. The threat of espionage has always been prevalent against...
10-days no more – Changes to the calculation of EPO time limits
As of 1 November 2023, the “10-day rule” will be abolished and will no longer apply to deadlines that are triggered by communications issued by the European Patent Office (EPO) on or after that date. Background and current situation Some deadlines set by the EPO (for...
100 working days on from launch of Europe’s new patent courts system, number of Unitary Patents registered nears 11,000
Only 33 patent cases filed at the UK High Court this year raises fear of post-Brexit drift of cases from the UK to the EU – 60 already filed at the Unified Patent Court (UPC) since June The UK now has almost 1,000 representatives registered with the EU’s UPC, second...
Federal Circuit narrowly defines scope of comparison prior art for evaluating design patent infringement
The Federal Circuit, in a case of first impression, recently defined the proper scope of “comparison prior art” in evaluating infringement of a design patent. Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363 (Fed. Cir. 2023)...
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