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  • Article

    Further Referral To The CJEU On Combi-SPCs: Concerning Article 3(a) And Article 3(c)

    Just over 3 months after we reported a referral from the Finnish Market Court concerning Article 3(c) for combination products (see our news item, here), the Irish Supreme Court has now made its own, similar referral.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Same, Same But Different – Revocation At The EPO And UPC

    The opposition procedure before the European Patent Office (EPO) has been a highly attractive forum for challenging patents since the first European patents were granted.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    World Vegetarian Day: "Meat" The Future Of Food

    The number of people following a vegetarian or vegan diet is increasing. Whilst exact numbers are hard to establish, data based on surveys published by the UK Vegan society suggest that the number of vegans...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Divergence Between The EPO And The UPC On Inventive Step Of A Medical Use

    Last summer, we reported on the UPC's first ever revocation decision, UPC_1/2023, which concluded that Amgen's patent (EP 3666797) lacked an inventive step.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Emotional Perception – The UK Courts Catch Up To The EPO On Computer-implemented Inventions

    More than 20 years late, the UK Supreme Court has today decided that the UK's approach to computer-implemented inventions is wrong and that instead the EPO approach, as set out in G1/19, should be followed.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Food Products And Trade Mark Protection – Blurring The Line Of Descriptiveness

    Visitors to a supermarket will be confronted with thousands of famous and distinctive brand names competing for space in their (virtual or physical) shopping basket.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Patent Filing: Validity And Timing Considerations

    You have a new technical idea. When will you be ready to draft a patent specification? When will it be appropriate to file an initial application at the Patent Office?
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    When Should You Elect In To The Patent Box?

    A company must elect in to the Patent Box regime in order to take advantage of the reduction in payable UK Corporation Tax.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    No SPCs In The UK For New Therapeutic Uses – Court Of Appeal Does Not Depart From Santen

    A significant decision has been handed down this week by the Court of Appeal in England and Wales which has confirmed that the UK would not depart from the landmark...
    United StatesLitigation, Mediation & Arbitration
    J A Kemp
    J A Kemp
  • Article

    Carbon Capture And Storage: Burying Our Problems?

    Carbon capture and storage (CCS) technology has been in the spotlight recently. Last month, the UK government announced a policy paper on "Delivering Energy Security and Net Zero"...
    United StatesEnergy and Natural Resources
    J A Kemp
    J A Kemp
  • Article

    Sieckmann Strikes Again - EUIPO Board Of Appeal Cancels "Imprecise" Colour Combination Mark

    The EUIPO Board of Appeal recently upheld a request for a declaration of invalidity against the following grey/orange colour combination trade mark, on the grounds that its imprecision allows for multiple different combinations of the two colours.
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Introduction To Supplementary Protection Certificates For Plant Protection Products

    This document is intended to provide a brief introduction to Supplementary Protection Certificates (SPCs) for plant protection products.
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Update On The Windsor Framework And Its Relevance To SPCs And Paediatric Extensions In The UK

    The EU and the UK formally adopted the Windsor Framework (WF) on 24 March 2023. Subsequently, the UK government has issued some additional guidance...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    What Constitutes Making A Patented Product? – Schuetz V Werit

    The Supreme Court, the highest Court for England and Wales, has given guidance as to considerations to take into account when deciding whether an activity can be regarded as "making" a patented product...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    What Happens If I Miss The Deadline For Requesting A Unitary Patent?

    The Unitary Patent (UP) will probably be introduced in 2023. After this point, applicants for European Patents will be able to decide whether the European Patent should become a Unitary Patent...
    United KingdomIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    Blockchain For IP Management

    Blockchain is a technology dating all the way back to a 1991 paper discussing the time-stamping of digital documents and is the driving force behind cryptocurrencies like Bitcoin and Ether.
    United KingdomTechnology
    J A Kemp
    J A Kemp
  • Article

    COP28 Series: Aviation

    For many of us, the ability to travel by air plays an important role in our lives, allowing us the freedom to explore new places and to stay connected with the people and things we love.
    United KingdomTransport
    J A Kemp
    J A Kemp
  • Article

    EPO Report Reveals Extensive Innovation In The Additive Manufacturing Sector

    Over the last few years, the additive manufacturing industry has experienced strong growth, with revenue tripling from USD 6 billion in 2016 to USD 18 billion (EUR 16.17 billion) in 2022.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    UPC Applies Anchor Defendant Principle To Long-Arm Jurisdiction

    The Local Division of The Hague recently issued a procedural order which provides insight into various aspects of the UPC's jurisdiction. Perhaps of most interest is that the court ruled that, as long as there is...
    European UnionIntellectual Property
    J A Kemp
    J A Kemp
  • Article

    SPC Manufacturing Waiver

    The EU's manufacturing waiver for supplementary protection certificates (SPCs) permits third parties to manufacture medicinal products for export outside the EU, but divergent court interpretations have led to a 2026 CJEU referral. As national courts grapple with notification requirements and stockpiling provisions, the European Commission has announced a public consultation to evaluate whether the waiver has achieved its intended objectives.
    United StatesIntellectual Property
    J A Kemp
    J A Kemp

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