11 April 2019
As reported recently, the President of the EPO has in the last few days referred questions to the Enlarged Board of Appeal on the controversial issue of patent-eligibility of plants obtained by essentially biological processes. The referral is now pending as case G3/19 but it is uncertain at present whether or not this referral will be admissible in the absence of any clear conflict in the case law on this point. The Enlarged Board could do anything from rejecting the referral entirely to accepting it and reversing its “Broccoli and Tomatoes II” (G2/13 and G2/12) decisions from 2015, in which it...
9 April 2019
Recent weeks have seen important developments in the debate on patent-eligibility of plants in Europe, with the EPO’s Boards of Appeal and its President, Administrative Council and member states pulling in opposite directions. The President has now referred questions, published today, to the Enlarged Board of Appeal, but the admissibility of the referral is uncertain, so it is unclear how or when the Enlarged Board will react. Applicants in this field will therefore face further delay and uncertainty. More generally, this is also a highly unusual, polarised situation that highlights the potential for conflict between different branches of the European...
2 April 2019
J A Kemp announced today the appointment of associate Henry Hunt-Grubbe to the role of partner. Henry joined the firm as an associate in 2017 after working elsewhere in private practice since 2007. He is based in J A Kemp’s London office and is a member of the Engineering and Electronics Group.
28 March 2019
The English High Court has granted an injunction (decision here) against an implementer of a Standard Essential Patent which had been ‘holding out’ and refusing to engage constructively in the RAND (reasonable and non-discriminatory) process. Mr Justice Carr had held, in a judgment dated 11 March available here, EP 1 453 268 (the ‘268 patent) to be valid, essential and infringed by the defendants’ products. There was then a hearing, again before Mr Justice Carr, on 18 March to determine what order should be made by the Court against the defendants. The ‘268 patent expires on 25th June 2019 and...
28 March 2019
Last week the European Union (EU) gave its approval for the UK to delay its exit from the EU beyond 29 March 2019, without requiring the UK Government to revoke Article 50 and cancel Brexit. Legislation giving effect to the delay has now been approved in the UK Parliament. The UK’s departure will be delayed at least until 12 April 2019, with the possibility of a longer delay. This means that the measures put in place to ensure seamless protection for intellectual property rights holders (for example as reported here for trade marks and designs) will not come into effect until at...
28 March 2019
The Supreme Court issued its judgment in Icos v Actavis yesterday 27 March, considering the issue of inventive step. The case concerned a patent claiming a specific low dose of the drug tadalafil, known for use in treating male erectile dysfunction. The patentee had argued that it would not have been obvious, prior to the relevant Phase II clinical trials, that the low dose specified in the claims would be safe and effective, given the high dosages which were mentioned in the most relevant prior art. The first instance judge had upheld key claims in the patent on the basis...
25 March 2019
The EPO has announced a cooperation with European Committee of Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC) under which the three organisations will work together to improve and disseminate knowledge about the relationship between standards and patents. The agreement builds on existing co-operation in this area between the EPO, the European Telecommunications Standards Institute (ETSI) and the European Commission. Whilst the exact nature and intended outcomes of this cooperation are not known, the comments in the EPO’s statement suggest a focus on providing further information resources for inventors and researchers in fields which are, or which may be...
22 March 2019
The CJEU issued on 21 March 2019 its judgment in the Abraxis C-443/17 case. The full text of the judgment can be found here . The CJEU held that SPCs are not available for new formulations of old active ingredients. Whilst the CJEU’s conclusions regarding the unavailability of SPCs for new formulations of old active ingredients will not be popular with innovator companies, there will no doubt be relief that the CJEU did not follow the earlier recommendation of the Advocate General (reported here ) to overturn Neurim. To read our full briefing on this topic please click here .
22 March 2019
As reported previously here, the EPO has been participating in WIPO’s Digital Access Service (DAS) for the exchange of certified copies of priority documents since 1 November 2018. DAS allows for certified copies of priority documents to be exchanged electronically between the various participating patent offices, a complete list of which can be found here. The EPO’s initial implementation of DAS did not extend to international (PCT) applications filed at the EPO as receiving office. However, the EPO recently announced here that from 1 April 2019 it would be extending its participation in DAS to such international (PCT) applications. This development means...
21 March 2019
Canada’s long-awaited implementation of three key trade mark treaties took an important step in the right direction this week, as it deposited instruments of accession with WIPO. WIPO Director General Francis Gurry received the instruments of accession to the Madrid Protocol, Nice Agreement and the Singapore Treaty from Canadian Ambassador Stephen de Boer. The treaties will enter into force in Canada on 17 June 2019. News of the accession to the Madrid Protocol will be particularly welcomed. From 17 June 2019 onwards, trade mark owners with interests in Canada will no longer have to file a separate national application in order...
18 March 2019
On Friday 15 March 2019 the World Intellectual Property Organization (WIPO) released its Uniform Domain-Name Dispute-Resolution Policy (UDRP) statistics for the 2018 calendar year. As always the information is useful for brand owners and particularly those interested in knowing more about what their peers are doing in the online brand protection space. Read our analysis here . If you’d like to discuss how J A Kemp can help with your online brand protection please contact our new partner Aaron Newell or your usual J A Kemp trade mark attorney.
6 March 2019
The Board of Appeal in decision T0831/17 has referred the following questions to the Enlarged Board of Appeal (our English translation, original questions in German): 1. Is the right to oral proceedings according to Article 116 EPC limited in appeal proceedings, when the appeal is prima facie inadmissible? 2. If the answer to question 1 is yes, is an appeal against the decision to grant a patent prima facie inadmissible in this regard, which appeal a third party filed with regard to Article 115 EPC and justified in that according to the EPC no alternative remedy exists against the decision of the...
30 April 2019
Join us at BioTrinity 2019. Now in its 13th year, BioTrinity is Europe’s leading biopartnering and investment conference and generates unrivalled opportunities for life science companies, academics, investors, and major pharmaceutical players to come together to do deals and establish collaborations.
30 April 2019
Under EPO practice considerations for what is technical and what is not technical are intrinsically bound up with assessment of inventive step: the problem to be solved must be technical and only technical features can contribute to inventive step. In addition, the Boards of Appeal have on occasion attributed a high level of skill to the person skilled in the art in the field of computer science. In this webinar we will discuss the latest EPO case law on separating the technical from the non-technical and inventive step issues arising in specific areas of technology, such as machine learning and...
1 May 2019
J A Kemp is delighted to be sponsoring the first Cambridge Cleantech and Oxfordshire Greentech Special Interest Group (SIG) on Low Carbon Vehicles. The SIG event will be held at the new autonomous vehicle test track at Cranfield University Campus. Cranfield University is world-leading in its contribution to global innovation with a focus on environmental technology, leadership and management, manufacturing and transport systems. The University is a Founder member of Cambridge Cleantech/Oxfordshire Greentech and has created MUEAVI – the Multi-User Environment for Autonomous Vehicle Innovation facility. Join us on the day at Cranfield to see and experience the new autonomous vehicles and the...
3 June 2019
The BIO International Convention is the largest global event for the biotechnology industry and attracts the biggest names in biotech, offers key networking and partnering opportunities, and provides insights and inspiration on the major trends affecting the industry. The event features keynotes and sessions from key policymakers, scientists, CEOs, and celebrities. The Convention also features the BIO Business Forum (One-on-One Partnering), hundreds of sessions covering biotech trends, policy issues and technological innovations, and the world's largest biotechnology exhibition - the BIO Exhibition. This year J A Kemp is represented at BIO by partner Simon Wright.
12 June 2019
PraxisAuril is a member-led organisation that facilitates connections between the public sector research base, stakeholders, government and industry. The PraxisAuril annual conference reflects the organisation's goals to ‘develop, promote, connect’. Whether you are in knowledge exchange, technology transfer, business development, contracts, licensing or intellectual property, you will find the content and contacts you need to power your collaborations. J A Kemp will be represented at PraxisAuril 2019 by Guy Brain.
25 June 2019
MedFIT is the leading European partnering event for innovation partnerships and investment in the MedTech, diagnostic and digital health sectors. MedFIT provides the ideal environment to help industry players to source early-stage assets, to facilitate the emergence of collaborative projects between big players, public research institutions, start-ups and SMEs, to increase licensing opportunities, to obtain funding and to facilitate market access. Join Dominic Forsythe from J A Kemp's Paris office and his colleague Chris O'Beirne at this year's event.
26 June 2019
Has technological innovation or industry’s eternal drive for better margins been the greatest definer of 21st century economics? The unstoppable rise of the internet giants to their current positions has been remarkable – and, at least before the turn of the last millennium, unpredictable. A common phenomenon in the technology community is that key innovations pre-empt their most profitable applications. This “technology first” viewpoint underplays the extent to which vertical markets have always embraced technological change, and the impact that mature industries have on the economics of next generation communications. Many industries have quickly adopted the implications of the connected world and...
26 June 2019
The task of ECTA (European Communities Trade Mark Association) is to promote the knowledge and professionalism of members and owners alike in the fields of trade marks, designs, copyright and other Intellectual Property rights, within the European Union. The 38th ECTA conference will take place on 26-29 June 2019 in Edinburgh. Join J A Kemp trade mark attorney Laurie Bray for three days of working sessions and social events in the beautiful capital city of Scotland.
28 June 2019
J A Kemp’s intellectual property clinic provides an opportunity for start-ups and established businesses to get free informal advice on patents, trade marks and other intellectual property rights from our experts. You might be an inventor or a start-up wanting to know how to protect the ideas underlying your business, or you could be looking to scale-up and grow your business, or you could be an established business looking to maximise the potential of your R&D spend. In all cases you are likely to have intellectual property assets that you will want to secure, protect and exploit. J A Kemp works...
15 September 2019
This year the AIPPI World Congress comes to London. J A Kemp will be hosting a private reception during the event. If you would like to join us please email Charlotte Bainborough to be added to our invitation list. We will be sending invitations nearer the time.