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The Board of Appeal in T 0439/22 referred questions to the Enlarged Board of Appeal in order to clarify the extent to which the description should be referred to when interpreting the claims.

It has now been over two years since the Enlarged Board issued their decision G2/21 regarding "plausibility", and the conditions under which post-filed data can be taken into account to support a technical effect.

The EU "unitary patent" took a step closer to being established on 15 October when a further EU state ratified the preparatory protocol.

The EPO has announced today that all opposition division oral proceedings scheduled to take place in 2020 are being postponed.

J A Kemp attorneys are helping clients protect their intellectual property in the growing green sector. Ahead of COP29, they predict key growth areas in Cleantech, including plastics recycling and agriculture, which are critical to combating climate change.

The CJEU has declined to issue a judgment in C-239/19 (Eli Lilly v Genentech). The case concerned a referral from the UK High Court

The EPO's Enlarged Board of Appeal (EBA) has today issued its decision on referral G3/19 relating to patent-eligibility of plants obtained by essentially biological processes.

As previously reported, at the end of last year the EPO's Legal Board of Appeal rejected the European applications of Stephen Thaler which attempted to name a computer system (DABUS) as the sole inventor.

The EPO's Enlarged Board of Appeal (EBA) has today issued its decision on referral G3/19 relating to patent-eligibility of plants obtained by essentially biological processes.

In view of the ongoing COVID-19 pandemic, the EPO has decided (see here and here) to introduce a temporary waiver of the additional fee payable when a renewal fee is paid late.

Following rejection of the constitutional challenge against Germany's participation in the Unified Patent Court (UPC) reported here, on 27 September 2021 Germany ratified the Protocol on the ...

Following publication of the UK Government's paper relating to the future relationship of the UK with the EU, a government spokesperson has confirmed that the UK will "not be seeking involvement in the

The UK IPO has issued an open consultation with a call for views in relation to standard essential patents.

EPO oppositions remain one of the most powerful tools for challenging the validity of a European patent after grant. They offer a centralised and cost-effective route to attack any European patent with effect across...

Those following the widespread (and largely unsuccessful) attempts of the "DABUS" legal team in attempting to get an AI machine recognised as an inventor by patent offices will recall that their only real success to date came in...

From 12 September 2020 the European Union Intellectual Property Office (EU IPO) will participate in the World Intellectual Property Organisation (WIPO) Digital Access Service (DAS) as an office of...

As reported here, the German Constitutional Court ruled in March 2020 that the Bundestag did not effectively pass the Act of Approval of the Unified Patent Court Agreement (UPCA)...

Ian is qualified as a European and UK Chartered Patent Attorney. He joined J A Kemp in January 2020 after working for over ten years at another top tier firm.