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  • Article

    Two Years Down, Five Years To Go Until The End Of The UPC Transitional Period

    The transitional period for the Unified Patent Court (UPC) was initiated on 1 June 2023, the same date as the entry into force of the UPC Agreement.
    WorldwideIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    "Just One More Thing…" – UK IPO Appeals Recent UK High Court Decision On Patentability Of Artificial Neural Networks In The UK

    The UK IPO plans to appeal the High Court's ruling on AI patentability, which had prompted a temporary suspension of its guidelines. This decision adds uncertainty to the patenting landscape for software-based inventions in the UK.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    The EPO'S Guidelines And Machine Learning

    The EPO's guidelines clarify patentability for machine learning (ML) and AI inventions. ML algorithms are considered mathematical methods, typically not patentable unless tied to a specific technical effect. Context, such as application within hardware or specific data, enhances patent eligibility.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Understanding Intellectual Property

    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Proposals For Reform Of The EU's SPC System

    On 27 April 2023 the European Commission published proposals concerning supplementary protection certificates (SPCs) for medicinal products and plant protection products.
    European UnionIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Food Packaging And Sustainable Packaging

    As part of efforts to improve sustainability in the supply chain, smart packaging is a hot topic in a number of consumer industries, but no more so than in the food and beverage space.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Multidrug-Resistant Bacteria Discovered In Space

    Microbes are ubiquitous here on Earth and can survive a range of environmental conditions encompassing broad ranges of temperature, pH, salinity, energy, and nutrient levels.
    United KingdomFood, Drugs, Healthcare, Life Sciences
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Benchmarking New Brands – A Case Of Lookalikes

    Benchmarking is common in retail but can blur into infringement when products mimic established brands. The Thatchers v. Aldi case illustrates the challenges of proving trademark infringement with lookalike packaging, underscoring the need for comprehensive IP protection.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Geographic Indications And Consumer Goods

    A geographical indication (GI) is a type of intellectual property right used to protect qualities or characteristics of products that denote a specific geographical origin.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    gTLD: New Domain Names

    ICANN's expansion of gTLDs has simplified domain registration but increased challenges for brand owners, including higher costs, potential consumer confusion, and the need for enhanced domain monitoring.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    How Early Should You Opt Out To Avoid The UPC?

    Recent case law from the Unified Patent Court has created uncertainty about when European patent applications can be drawn into UPC jurisdiction, potentially blocking opt-out opportunities for patent owners who wish to avoid the system. The Paris Central Division's decision in Omnia v Sidel suggests that applications approaching grant may already fall under UPC jurisdiction, even before formal grant is published.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    In-Person Oral Proceedings Are The Gold-Standard But Is Silver Good Enough?

    The Enlarged Board of Appeal of the European Patent Office (EPO) has been grappling with the question of when videoconference oral proceedings can be used before the Boards of Appeal.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    No Help From Luxembourg: UPC Court Of Appeal Says CJEU Can't Rule On Interpretation Of UPCA

    A recent decision of the Court of Appeal of the UPC has held that the UPC must interpret its own substantive and procedural law in line with EU law, but that the UPC cannot request the CJEU...
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    EUIPO Announces Its Approach To AI

    The EU Intellectual Property Office (EUIPO) has released details of its approach to artificial intelligence (AI) and its current use of AI tools in the trade mark lifecycle.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Artificial Intelligence And Sustainability: Irrevocably Opposed?

    Use and acceptance of Artificial Intelligence (AI) has expanded rapidly in recent years. It can be found everywhere: in healthcare, education, the workplace…
    United KingdomTechnology
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    An Appetiser Before The Main Course Of The G 1/25 Decision On Description Amendments?

    The European Patent Office Board of Appeal has issued a decision in T 1043/24 addressing whether description amendments are required to ensure consistency with amended claims...
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    An Update On Late-filed Divisional Patent Applications

    J 1/24 gave limited hope that filing a divisional application after grant of the parent application might be possible. A recent decision in Board of Appeal case T 700/25 has cast some shade...
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Gürok Turizm ve Madencilik AŞ (‘Gürok') vs Olav GmbH (‘Olav') – a question of quantity versus quality?

    Turkish company Gürok Turizm ve Madencilik AŞ ("Gürok") has held figurative mark no.011224821 in classes 8, 11, 19, 21, 35, 37 and 39 since 2013.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    More On Claim Interpretation At The EPO After G 1/24

    G 1/24 sets out that the description and drawings must be consulted when interpreting claims in all cases, even if there is no ambiguity in the claims. But what does "consult" mean?
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP
  • Article

    Sufficiency Of Alternatives Within A Claim (T 1186/24)

    Claims can contain alternatives, e.g. “…wherein the communication link is a wired link or a wireless link…”. T 1186/24, a recent decision from the European Patent Office’s Boards of Appeal, reminds us that the requirements of the European Patent Convention must be met by all alternatives within a claim.
    United KingdomIntellectual Property
    Boult Wade Tennant LLP
    Boult Wade Tennant LLP

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