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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Patent Issues Autumn 2013

patent issues Autumn 2013


Highlights this month

  • Progress towards European Unitary Patent 
  • Post Brustle: Is an unfertilised ovum actually an "embryo" 
  • The Patentability of GUIs 
  • More broccoli and Tomatoes and Elephants in the Courtroom 
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in this issue
featured

Progress Towards European Unitary Patent - State o...

Like it or loath it, the unitary European patent train is running down the tracks. We have a section of our website dedicated to the topic at http://www.jenkins...

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Post Brustle: is an unfertilised ovum actually an ...

In the case of International Stem Cell Corporation (ISCC) v Comptroller General of Patents the High Court has referred a question to the Court of Justice of the European ...

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The Patentability of GUIs: Moving Goalposts at the...

The patentability of graphical user interfaces (GUIs) has long been a point of contention at the EPO.  Although aspects of GUI design involving the ease of use of a ...

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More Broccoli and Tomatoes, and Elephants in the C...

In our Spring 2011 edition of this newsletter, we reported on the referral to the EPO Enlarged Board of Appeal (EBA) of the cases that have become known as the Broccoli a...

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news

Progress Towards European Unitary Patent - State o...

Like it or loath it, the unitary European patent train is running down the tracks. We have a section of our website dedicated to the topic at http://www.jenkins...

Read More

PayPal granted European patent for account verific...

A Rare example of patent granted for financial technology A decision of the European Patent Office's Technical Boards of Appeal (Decision T 0844/09 of 5 February 2013) h...

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Post Brustle: is an unfertilised ovum actually an ...

In the case of International Stem Cell Corporation (ISCC) v Comptroller General of Patents the High Court has referred a question to the Court of Justice of the European ...

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UK law reform update

1   A New UK Intellectual Property Bill.The Intellectual Property Bill 2013 has passed through the House of Lords, the first stage of its progress through the UK Parliame...

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IP Enterprise Court

Streamlined procedures for cost-effective IP dispute resolution got a boost on 1 October with the launch of the Intellectual Property Enterprise Court (IPEC). The IPEC r...

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No Broadening of the Bolar Exemption?

Contrary to expectations (see Autumn 2012 Patent issues) the Intellectual Property Bill is silent on the issue of exempting infringement for clinical drug trials.  We exp...

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INTERNATIONAL

Better Options than PPH

When the EPO entered a "Patent Prosecution Highway" pilot program in conjunction with the US Patent and Trademark Office (USPTO), we pondered whether we may be entering a...

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epo

New EPO Guidelines

In Greek mythology Sisyphus, king of the city now known as Corinth, was punished by the gods for his deceitfulness by being compelled to roll an immense boulder up a hill...

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The Patentability of GUIs: Moving Goalposts at the...

The patentability of graphical user interfaces (GUIs) has long been a point of contention at the EPO.  Although aspects of GUI design involving the ease of use of a ...

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Of Technicalities and Fallacies

The recent Decision T 1670/07 will be of interest to anyone wishing to obtain patent protection for software run on a conventional computing platform, especially a mobile...

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UK & EPO

Claiming Priority - Pitfalls and Poisonous Priorit...

The UK courts have made a U-turn over how strictly must a claimed invention be "the same" as that of its priority document if a claim to priority is to be valid. This is ...

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GERMANY

German Patent Law Amendment Approved

Preferential Treatment to Applications filed in English and French.The German Patent Office (DPMA) accepts applications filed in any language. All application documents m...

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LIFE SCIENCES

More Broccoli and Tomatoes, and Elephants in the C...

In our Spring 2011 edition of this newsletter, we reported on the referral to the EPO Enlarged Board of Appeal (EBA) of the cases that have become known as the Broccoli a...

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review

Product-by-Process Claims

When one has an allowable patent claim for a new and inventive process, is there any need to also claim the product of that process, in a product-byprocess claim? If the...

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ORPHAN DRUGS

Orphan Drug Designation and IP Protection

Any company developing drugs for the treatment of rare conditions can claim orphan drug designation - providing it meets the relevant criteria - and gain market exclusivi...

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JENKINS NEWS

Jenkins New Appointments

We are delighted to welcome three new members to the firm, Oliver Poskett,​Olivier Martinez and Matthew Yip. Oliver graduated from the University of ...

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