News & Events

The very latest briefing notes, news & events from Carpmaels & Ransford

Latest briefing notes, news & events

Managing IP EMEA Awards 2021
Carpmaels & Ransford awarded UK Patent Prosecution Firm of the Year
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30
Mar
2021
Unified Patent Court – current status
The biggest change to European patent law in a generation rests on the fate of two German constitutional challenges
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30
Mar
2021
Lego A/S v EUIPO
‘Modular products’ defence for registered Community designs
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29
Mar
2021
Carpmaels & Ransford hosts inaugural Diversity & Inclusion Day
The firm held a series of discussions on race & ethnicity, LGBTQ+, wellbeing and gender equality
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26
Mar
2021
Carpmaels In Conversation: Dairy disputes & cheese wars
Carpmaels in Conversation: Ep.1 - Dairy disputes & cheese wars
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26
Mar
2021
Carpmaels & Ransford unveils custom-designed EPO hearing suites
The firm can now host multiple video conferences simultaneously in custom-designed facilities
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25
Mar
2021
G1/19 – Computer-implemented simulation inventions are patentable at the EPO
Keep simulating and “COMVIK” on
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24
Mar
2021
Reasons for recordal 1, 2, 3…
Failure to register intellectual property rights (IPRs) can lead to significant consequences for the interested parties
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17
Mar
2021
The UK Patent Box – eight years on
What is the UK Patent Box?
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16
Mar
2021
Vacant stares and ownerless goods
What happens to a company’s intellectual property rights when the company is dissolved?
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15
Mar
2021
Therapeutic vs Non-Therapeutic Use at the EPO
What to consider when drafting patent applications to maximise the potential for use claims
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12
Mar
2021
G1/19 – Computer-implemented simulation inventions are patentable at the EPO
G1/19 - Simulations can solve a technical problem
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11
Mar
2021
Should exclusive licensees be losing sleep?
Exclusive licences in the UK after Neurim and Flynn v Mylan, Illumina v Premaitha, and Oxford Nanopore Technologies v Pacific Biosciences of California
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09
Mar
2021
International Women’s Day 2021
Carpmaels & Ransford hosts event with Sophie Chandauka
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08
Mar
2021
The Oatly slogan saga
Considerations for trade mark eligibility
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05
Mar
2021
UK patent and design rights from the PCT or Hague routes to automatically cover Guernsey
Changes are coming into force on 23rd March 2021
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04
Mar
2021
Who’s Who Legal: Life Sciences 2021
Carpmaels & Ransford partners recognised as leading patent litigation lawyers in life sciences
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18
Feb
2021
Stonewall stonewall
LGBT+ History Month 2021
Celebrating the contributions of LGBT+ figures
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17
Feb
2021
World Trademark Review 2021
Carpmaels & Ransford is awarded a silver ranking in WTR 1000
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16
Feb
2021
The link between intellectual property rights and business performance
IP right owners show 55% increase in revenue per employee compared to non-owners
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11
Feb
2021
Covid-19: Effects on UK IP litigation
Update – February 2021
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04
Feb
2021
Can you keep a secret?
Demonstrating prospective inventions in public can be risky
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25
Jan
2021
Carpmaels & Ransford announces new Senior Associate promotions
The promotions will take effect from 1st January 2021
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08
Jan
2021
JUVE Patent UK Rankings 2021
Carpmaels & Ransford is recommended in six categories
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06
Jan
2021
The Festive Countdown
Highlights of 2020 - a year like no other
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24
Dec
2020
Another delay to the Unified Patent Court
The German Federal Constitutional Court receives further challenges
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22
Dec
2020
The EPO embraces video conferencing for inter partes oral proceedings
From January 2021, the EPO will dispense with the practice of seeking consent from all parties when using video conference in opposition and appeal oral proceedings
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17
Dec
2020
How to save your priority date at the EPO – the current state of play
A post-CRISPR perspective
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15
Dec
2020
How to manage your new UK comparable rights
Do I need to appoint a UK representative?
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14
Dec
2020
Brexit and IP Brexit and IP
SPCs in the UK post-Brexit
Updated legislation clarifies the procedure for UK SPCs from 2021
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10
Dec
2020
The final chapter in C-650/17 Royalty Pharma Collection Trust
German court applies the CJEU’s new guidance to refuse the sitagliptin SPC
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10
Dec
2020
Brexit and IP Brexit and IP
Brexit and the impact on contentious matters
What are the implications for trade mark oppositions and litigation?
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09
Dec
2020
Covid-19 update: Impact on trade marks and designs
Is it business as usual at the EUIPO and UKIPO?
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07
Dec
2020
IAM Global Leaders Guide 2021
Prestigious guide recognises three Carpmaels & Ransford partners
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25
Nov
2020
Brexit and IP Brexit and IP
Maximising your unregistered design rights
The end of the Brexit transition period is approaching making it a good time to review your approach for obtaining unregistered design rights in the UK and the EU
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12
Nov
2020
Brexit: Time to review ownership details of EUTMs and RCDs
Comparable UK registrations come in on 1st January 2021
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10
Nov
2020
Carpmaels & Ransford signs the Race at Work Charter
The firm strengthens commitment to race equality through 5 calls to action
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05
Nov
2020
Patents and parameters – challenges associated with standard measurement methods
Referring to a standard measurement method, e.g. an ASTM, can be an attractive way to minimise risks associated with parameters. However, care should be taken to avoid leaving weaknesses in a patent
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03
Nov
2020
IP Rising Stars 2020/21
Three Senior Associates recognised in this year’s guide
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22
Oct
2020
Chambers & Partners rankings 2021
Five Partners received individual recognition in this year’s directory
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22
Oct
2020
Custom watches after Brexit: are you protected?
Check your EU customs applications now to ensure they remain valid after the Brexit transition period ends
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21
Oct
2020
EPO case law EPO case law review
Is the “closest prior art” a misleading concept?
The Board of Appeal’s judgment in T 694/15 and T 405/14
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21
Oct
2020
Signing agreements – what makes a good witness?
A quick guide to requirements for witnesses in common English law agreements
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13
Oct
2020
Are you eligible to hold a .eu domain after Brexit?
UK owners of .eu domain names should consider their options now
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06
Oct
2020
Legal 500 rankings 2020
25 Partners and Senior Associates are recognised in this year’s directory
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01
Oct
2020
Carpmaels & Ransford hires new Senior Associate to the Transactions team
Kerry Fitchett joined the team on 14th September
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22
Sep
2020
Brexit and IP Brexit and IP
Recordals: Get ready for Brexit
Owners of EUTMs and RCDs should review ownership details now
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21
Sep
2020
Missed paediatric SPC extension – mission impossible?
What to do if you miss the application deadline
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17
Sep
2020
Open for business: the Supreme Court decision in Unwired Planet & Conversant
Unwired Planet v Huawei and Huawei/ZTE v Conversant [2020] UKSC 37
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03
Sep
2020
Offshore wind power – obtaining patent protection in a dense landscape
The second in a two-part series about IP and offshore wind power by the Carpmaels & Ransford team
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27
Aug
2020
Offshore wind power – UK leads the world in installed offshore wind capacity
The first in a two-part series of articles about IP and offshore wind power by the Carpmaels & Ransford team
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13
Aug
2020
IP Stars Handbook 2020
Carpmaels & Ransford ranks highly for patent prosecution and patent contentious
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12
Aug
2020
The Doctrine of Equivalents – where are we now?
Doctrine of Equivalents in the UK - Taking a look at what’s happened in the three years since Actavis v Eli Lilly
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30
Jul
2020
Additive Manufacturing – Shaping our future
The role of IP and challenges for the IP system
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29
Jul
2020
Patentability of computer-implemented simulations at the EPO
Oral proceedings for G1/19
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16
Jul
2020
Patenting polymers – EPO practice regarding molecular weight
The European Patent Office (EPO) takes a strict approach to the examination of the clarity of molecular weight parameters in claims, which should be taken into account when drafting patent applications in this field
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14
Jul
2020
The CJEU reaches a decision in Santen (C-673/18)
Europe’s highest court restricts availability of SPCs based on new medical uses
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09
Jul
2020
Business innovation can be patented at the EPO
Just check with the notional business person first
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09
Jul
2020
A bicycle built for two (IP rights)?
Brompton Bicycle Ltd. v. Get2Get (C 833/18)
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07
Jul
2020
Carpmaels & Ransford promotes two new senior associates
The promotions will take effect from 1st July 2020
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01
Jul
2020
German challenge to the Unified Patent Court Agreement is upheld on a technicality
The German Government moves towards ratification of the UPC Agreement
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01
Jul
2020
Carpmaels & Ransford welcomes new partner Jennifer Antcliff to the partnership
New promotion brings total number partners in the Dispute Resolution team to 5
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01
Jul
2020
Stonewall stonewall
Carpmaels & Ransford joins Stonewall’s Diversity Champions programme
The leading employers' programme for ensuring LGBT inclusion in the workplace
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30
Jun
2020
How the COVID-19 pandemic can disrupt life sciences patenting and what you can do about it
A European perspective
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26
Jun
2020
The Supreme Court addresses sufficiency
Regeneron v Kymab [2020] UKSC 27
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25
Jun
2020
Influential Women in IP
WIPR recognises both Isobel Barry & Susan Kirsch in the 2020 edition Influential Women in IP Magazine
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16
Jun
2020
Carpmaels & Ransford awarded Life Sciences Firm of the Year UK
LMG European Life Sciences Awards 2020
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15
Jun
2020
IAM Patent 1000 rankings 2020
The IAM Patent 1000 directory lists Carpmaels & Ransford in the top tier
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12
Jun
2020
Top 250 Women in IP 2020
MIP recognises Susan Kirsch in Top 250 Women in IP
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09
Jun
2020
UI Innovation: what’s needed to patent in Europe?
"Alexa, can you credibly assist me in performing a technical task by means of a continued and/or guided human machine interaction process?"
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02
Jun
2020
How is Covid-19 affecting courts and IP offices?
A review of the key changes and how these will impact businesses
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28
May
2020
CJEU judgment in Case C-650/17 Royalty Pharma
Europe’s highest court restricts the types of patents that can be used as the basis for SPCs
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30
Apr
2020
Is an injunction always appropriate?
Public interest is at the heart of the matter
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28
Apr
2020
World IP Day 2020
Innovate for a Green Future
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24
Apr
2020
Update on G 4/19 – Enlarged Board of Appeal referral on double patenting
The referring Board’s written decision sheds further light on the points of law to be considered by the Enlarged Board and the referral’s possible implications
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24
Apr
2020
EPO begins running opposition oral proceedings by video conference
Carpmaels & Ransford is involved in one of the first video conference inter partes hearings
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23
Apr
2020
Covid-19: Impact on trade marks and designs
UKIPO and EUIPO introduce period of adjustment during Covid-19
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17
Apr
2020
Covid-19: Effects on UK IP litigation
Key features of the new guidance for IP litigation
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17
Apr
2020
Plausibility at the EPO – good news for innovators?
In a welcome decision for patentees, an EPO pharmaceutical Board of Appeal establishes plausibility on the basis of the prior art, confirming that plausibility and obviousness are different tests
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14
Apr
2020
The EPO plans to require parties to attend hearings by videoconference
Examining Division oral proceedings will now be held by videoconference unless there are exceptional reasons for the hearing to be conducted in person
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02
Apr
2020
Sign on the digital line
Electronic execution of IP Documents
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30
Mar
2020
Patenting Stevia
Patent protection for stevia is a fast-moving area of IP which requires careful consideration of the use of data
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25
Mar
2020
Eli Lilly and Company v Genentech, Inc. [2020] EWHC (Pat)
High Court applies issue estoppel and abuse of process to validity of divisional patent
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24
Mar
2020
Fermented products to boost nutrition
Understanding technical and legal nuances is key to an effective IP strategy
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17
Mar
2020
Nutrition and the microbiome
How does our nutrition influence our microbiome (and what can we do about it)?
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10
Mar
2020
Companies focus on good nutrition while reducing meat consumption
Strong, creative patent portfolios are essential to protect investment
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05
Mar
2020
UPC – RIP?
The UK will not participate in the Unitary Patent and Unified Patent Court system
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28
Feb
2020
World Trademark Review 2020 – The World’s Leading Trademark Professionals
Four Carpmaels & Ransford partners are recognised in the latest edition of WTR 1000
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14
Feb
2020
SPCs after Brexit
UK SPC system remains unchanged following UK’s departure from the European Union
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11
Feb
2020
Brexit and IP Brexit and IP
Brexit – implications for intellectual property
UK set to leave the EU on 31st January 2020 but ‘transition period’ means no change until 31st December 2020
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29
Jan
2020
Global patent trends in energy storage
Why it's not a waste of energy
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29
Jan
2020
Brexit and IP Brexit and IP
Brexit – December 2019
UK general election result
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20
Dec
2019
Carpmaels & Ransford promotes four new Senior Associates
The promotions will take effect from 1st January 2020
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18
Dec
2019
JUVE Patent UK rankings
Carpmaels & Ransford is recommended in five categories
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18
Dec
2019
Radio streams - hyperlinking and copyright infringement Radio streams - hyperlinking and copyright infringement
Fine tuning the internet: Hyperlinking and copyright infringement
Warner Music & Sony Music Entertainment v TuneIn [2019] EWHC 2923 (Ch)
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05
Dec
2019
MIP: IP Rising Stars 2019
Four practitioners recognised in Rising Stars guide
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04
Dec
2019
Revised Rules of Procedure of the Boards of Appeal
On 1st January 2020 the new Rules of Procedure of the Boards of Appeal (RPBA) will come into force. Key among the changes to the rules are revisions to the admissibility of amendments to a party’s case and the new “convergent approach”
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29
Nov
2019
A new carbon allotrope – when do you know enough to file a patent application?
Key considerations for inventors
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28
Nov
2019
Who’s Who Legal: Trademarks 2019
Carpmaels & Ransford recognised in Who’s Who Legal: Trademarks 2019
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27
Nov
2019
Shanks a million (or two)
Shanks v Unilever [2019] UKSC 45
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01
Nov
2019
Brexit and IP
Brexit – October 2019
The Brexit process continues
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31
Oct
2019
CJEU declines to clarify legality of third party SPCs
Europe’s highest court holds Taltz® referral as inadmissible, dubbing reasons underpinning referral “purely hypothetical”
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29
Oct
2019
Protecting AI devices: it’s a dog eat dog world
We consider the ways in which innovators can protect their inventions in AI related technology
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21
Oct
2019
The arrival of the Doctrine of Equivalents
Following the Actavis decision, practitioners had speculated on how the new doctrine was to be applied in practice
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17
Oct
2019
The rise of Arrow declarations?
When will the Court grant an Arrow declaration?
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16
Oct
2019
Chambers & Partners rankings 2020
Carpmaels & Ransford ranked Band 1 for patent and trade mark attorneys
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11
Oct
2019
Patenting Lithium-Ion Batteries
With the 2019 Nobel Prize for Chemistry recently being awarded for fundamental research into lithium-ion batteries, we review one of the many challenges associated with gaining patent protection in this important field
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10
Oct
2019
The UK: Making FRANDs
Why is the UK one of the only venues in the world willing to resolve global licensing disputes between holders of SEPs and implementers?
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09
Oct
2019
Legal 500 rankings 2019
Carpmaels & Ransford recognised for excellence in the Legal 500 2019 directory
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01
Oct
2019
Brexit and IP
Brexit update
Uncertainty continues to surround the Brexit negotiations
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25
Sep
2019
AG opinion issued in Royalty Pharma and Sandoz SPC cases
Legal opinion states that SPCs may be based on “Markush” claims and claims containing functional definitions, provided that the test laid down in C-121/17 Teva is satisfied
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11
Sep
2019
IP Stars Handbook 2019
12 practitioners from Carpmaels & Ransford recognised in IP Stars Handbook
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22
Aug
2019
BBQs and (meat-free) burgers
With research and development at the heart of new food product development, food companies are turning to IP to protect their investments
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19
Aug
2019
The same but better (Part 2) – Shire v European Medicines Agency (C‑359/18 P)
The CJEU confirms that an examination of “all relevant factors” is required before concluding that a previously authorised product precludes orphan designation of a later product with the same active
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06
Aug
2019
Patenting alloys
A special case at the European Patent Office
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01
Aug
2019
Computer-Implemented Inventions
EPO Case Law 2018 (updated July 2019)
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30
Jul
2019
The SPC manufacturing waiver
What happens to the manufacturing waiver in the UK following Brexit?
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25
Jul
2019
Bioplastics: A viable alternative to single-use plastics?
Consideration for inventors when drafting patent applications for alternative materials to single-use plastics
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18
Jul
2019
That’s Immaterial: identifying immaterial details in Community designs
What does the EUIPO consider to be ‘immaterial details’ ?
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17
Jul
2019
The public wants less plastic – how do we respond?
The third article for our Plastic Free July series
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11
Jul
2019
Carpmaels & Ransford recognised as one of Europe’s leading patent firms
Financial Times Special Report July 2019
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09
Jul
2019
Innovation in the beauty industry – solving the ugly problem of single use plastic
The beauty industry is under growing pressure to develop packaging which not only looks good but which is also environmentally friendly too
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09
Jul
2019
Patents – are UK based start-ups missing a trick?
The value of a patent strategy for start-ups in the tech industry
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09
Jul
2019
Hydrophobic coatings and the drive to replace plastic packaging
The first in a series of articles for Plastic Free July
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03
Jul
2019
Carpmaels & Ransford announces the promotion of two new partners
The firm is delighted to announce that it will welcome two new partners on the 1st July
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27
Jun
2019
SEP licensing in the autonomous vehicle market
Is widespread litigation inevitable with the standardisation of autonomous vehicles?
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12
Jun
2019
IAM Patent 1000 rankings 2019
The IAM Patent 1000 directory lists Carpmaels & Ransford in the top tier
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07
Jun
2019
Who’s Who Legal 2019
Carpmaels & Ransford is recognised as a leading firm in Who’s Who Legal: Patent Attorneys
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06
Jun
2019
New SPC reference to the CJEU on Article 3(c) – Novartis (C-354/19)
The Swedish court is asking whether Article 3(c) precludes a further SPC to a new therapeutic indication for the same applicant
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06
Jun
2019
Top 250 Women in IP 2019
Carpmaels & Ransford Partner recognised for excellence
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21
May
2019
Brexit and IP
Brexit extension confirmed
The UK and EU agree to delay Brexit
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12
Apr
2019
Another arrow in the quiver
GSK succeeds in obtaining an Arrow declaration in its UK patent case against Vectura
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22
Mar
2019
Brexit and IP
Brexit delay
A short extension has been agreed by the EU
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22
Mar
2019
CJEU judgment – Abraxis Bioscience C-443/17
The CJEU’s decision in case Abraxis Bioscience C-443/17 is published
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21
Mar
2019
The expected arrival of the manufacturing waiver
The proposal from the European Commission relating to SPCs for medicinal products is on its way to the final stop
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19
Mar
2019
Obiter dicta – Skinny labels and infringement
A brief summary of what the Supreme Court said about infringement of Swiss-form claims (even though it didn’t need to)
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19
Mar
2019
UK Patent Box Update
We look at the changes to the UK Patent Box that were introduced in 2016 and their impact on the scheme and its participants
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18
Mar
2019
Brexit and IP
Brexit – key parliamentary votes
The UK Parliament votes to ask the EU to delay Brexit
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13
Mar
2019
UK Patent Prosecution Firm of the Year – 2019
Carpmaels & Ransford receives recognition again at MIP EMEA Awards
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08
Mar
2019
New reference – SPCs with third party MAs?
Europe’s highest court will consider whether an SPC is available where there is no agreement between the marketing authorisation holder and the patentee
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01
Mar
2019
Software inventions under the spotlight before the EPO’s Enlarged Board of Appeal
First referral to EBoA concerning the patentability of computer implemented inventions since 2008
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28
Feb
2019
Double patenting referral to the Enlarged Board of Appeal
Answers could have a significant impact on common filing strategies
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21
Feb
2019
Software and business method patents in Europe and the UK
Patents for software and business methods have been a contentious topic of discussion amongst patent practitioners in Europe for a long time. Our briefing note aims to explain the current situation and resolve common misconceptions.
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19
Feb
2019
World Trademark Review 2019 – The World’s Leading Trademark Professionals
Trade Marks, Dispute Resolution and Transaction teams receive recognition in the latest edition of WTR 1000
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05
Feb
2019
UK Patent Attorney Firm of the Year 2019
Carpmaels & Ransford receives recognition at the inaugural IAM & WTR Global IP Awards
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31
Jan
2019
Carpmaels & Ransford recognises home-grown talent
Senior Associate promotion announced
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07
Jan
2019
AG opinion – Abraxis Bioscience C-443/17
The Advocate General’s opinion in case Abraxis Bioscience C-443/17 is published
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13
Dec
2018
Who cares, wins…
Restoring lost IP rights
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13
Dec
2018
SPCs for medical devices?
CJEU rules against an SPC for a medical device authorised under the Medical Devices Directive
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15
Nov
2018
The European Commission’s “Export Manufacturing Waiver”
What can innovators do to prepare themselves?
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08
Nov
2018
Chambers & Partners rankings 2019
Carpmaels & Ransford recognised as a leading firm for the 12th consecutive year
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06
Nov
2018
Munich office move
The firm is delighted to announce its new office location in the heart of Munich
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06
Nov
2018
Forthcoming changes to UK trade mark law
Implementing the EU Trade Mark Directive 2015
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05
Nov
2018
Court of Appeal guidance and the Doctrine of Equivalents
Icescape Ltd v Ice-World International BV applies Actavis v Lilly
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05
Nov
2018
New SPC reference to the CJEU
The CJEU is asked to consider specific aspects of the Neurim test
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02
Nov
2018
Legal 500 rankings 2018
Carpmaels & Ransford recognised for excellence in the Legal 500 2018 directory
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31
Oct
2018
Unwired Planet: Many FRANDs make light work for SEP owners
The UK courts are open for business to grant global FRAND licences and recognise that more than one set of licence terms can be FRAND
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24
Oct
2018
The EPO updates its guidelines with a section dedicated to AI
The update to the guidelines provides clarity on how the EPO’s existing legal framework will be applied to AI inventions
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04
Oct
2018
Can AI inventions be patented in Europe?
A brief review of the EPO’s approach to assessing AI-based inventions
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25
Sep
2018
Brexit and IP
News on the UK’s involvement in the UPC after Brexit
The UK government has published additional information about how the UK might participate in the Unified Patent Court after Brexit
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24
Aug
2018
IP Stars Handbook 2018
Eight of our partners recognised as IP Stars by Managing IP
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16
Aug
2018
Brexit and IP
An update on IP and Brexit
UKIPO helps to clarify the future relationship between the UK and EU on intellectual property
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31
Jul
2018
“No Break” for Nestlé in CJEU ruling
The CJEU recently gave the latest ruling in the chocolate trade mark wars between Nestlé and Mondelez
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31
Jul
2018
Teva v Gilead C-121/17
The CJEU further describes the criteria for obtaining an SPC for a combination of active ingredients
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25
Jul
2018
Brexit and IP
UK Government publishes Brexit White Paper
An update on the United Kingdom’s plans for withdrawal from the European Union, including in relation to intellectual property rights
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18
Jul
2018
UK Supreme Court rules on who should pay for website blocking orders
Brand owners not ISPs to foot the bill for implementing blocking orders against websites offering infringing goods
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11
Jul
2018
Carpmaels & Ransford announces new additions to the partnership
The firm is delighted to announce that it will welcome two new partners on the 1st July
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25
Jun
2018
Crikey! The PCT filing deadline has passed inadvertently
How to still save your priority date
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25
Jun
2018
Who’s Who Legal
Eight Partners from Carpmaels & Ransford have been recognised in the most recent publication: Who's Who Legal, Patents 2018
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18
Jun
2018
The Red Shoes
Christian Louboutin, Christian Louboutin SAS v Van Haren Schoenen BV, Case C‑163/16
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18
Jun
2018
IAM Patent 1000 rankings 2018
The firm and its partners are highly recommended in the IAM Patent 1000 directory
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15
Jun
2018
Second medical use claims to medical devices
A decision (T1758/15) from the EPO Boards of Appeal helps to clarify the requirements for second medical use claims to medical devices under Article 54(5) EPC
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21
May
2018
Top 250 Women in IP
Carpmaels & Ransford Partner recognised for excellence
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03
May
2018
UK ratifies the UPC Agreement
The UK moves forwards with the biggest update to European patent law in 40 years
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27
Apr
2018
Teva v Gilead C-121/17
A legal opinion prepared for Europe’s highest court recommends an approach to Article 3(a) of the SPC Regulation
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25
Apr
2018
Brexit and the impact on .eu domain names
Practical steps for UK owners of .eu domain names to consider in light of Brexit
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20
Apr
2018
Because the licensee is worth it, L’Oréal v RN Ventures Limited
Claiming costs and expenses in UK High Court litigation as a licensee
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12
Apr
2018
The same, but better – Shire v European Medicines Agency (T 80/16)
The General Court approves of innovator’s improved follow-on orphan drug with same active as its earlier product
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29
Mar
2018
Brexit: business as usual until 2020 and beyond
The UK’s recent agreement with the EU confirms that EU IP rights will continue to be effective in the UK after Brexit
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21
Mar
2018
Intellectual property rights – what does the future hold after Brexit?
Recent publications from the European Commission and the UK Government shine some light on the future of IP rights after the UK’s departure from the EU
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16
Mar
2018
EUIPO publishes Q&A on the impact of a “no-deal” Brexit
The Q&A guide is the EUIPO’s interpretation of what will happen under existing laws in the event that no agreement is reached between the UK and EU
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15
Mar
2018
United Kingdom joins the international design system
Increased flexibility when seeking protection in the UK via the international route
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14
Mar
2018
G 1/16 (Disclaimer III)
Clarification of disclaimer practice at the EPO
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12
Mar
2018
UK Patent Prosecution Firm of the Year 2018
Carpmaels & Ransford again recognised for excellence by MIP
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09
Mar
2018
World Trademark Review 2018 – The World’s Leading Trademark Professionals
Trade Marks and Dispute Resolution teams receive recognition in the latest edition of WTR 1000
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01
Mar
2018
Cantel Medical (UK) Ltd v Arc Medical Design
Valid and infringed: Carpmaels & Ransford successfully defends Arc Medical’s IP rights in the High Court
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23
Feb
2018
Are UK companies making best use of the patent system?
Rachel Taylor reports on recent research published by the UK Intellectual Property Office
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13
Feb
2018
Restorations – the UK landscape
IP rights are essential to many businesses but in some circumstances they may be lost
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08
Feb
2018
Restoring lost IP rights: Prevention is better than cure
Unintentional loss of valuable registered IP rights, whether patents, trade marks or other rights can be extremely distressing
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31
Jan
2018
Sandoz v Searle
CJEU referral on Article 3(a) of the SPC Regulation
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30
Jan
2018
Best IP Advisor: UK & Ireland
Carpmaels & Ransford is recognised for excellence by Leaders League
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26
Jan
2018
UKIPO announces fees for excess claims and excess pages
John Snape and Philip Naylor report on the upcoming introduction of new fees at the UK Intellectual Property Office
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24
Jan
2018
Pharmaceutical branding: trade mark and regulatory considerations
There are many considerations when adopting a new pharmaceutical brand. These cover a range of creative and legal issues
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17
Jan
2018
Hot Off the Press: Clarity on disclaimers in Enlarged Board decision G1/16
The Enlarged Board of Appeal of the EPO has just handed down its decision G1/16, clarifying the different standards for allowability of “disclosed” and “undisclosed” disclaimers.
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19
Dec
2017
Some effort required
Lara Elder explains why a Primark slogan prevailed
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14
Dec
2017
Progress for the UPC Agreement
The UK moves forwards with the biggest update to European patent law in 40 years
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13
Dec
2017
Carpmaels in the Community 2017
Carpmaels & Ransford staff have supported the local community through a variety of activities this year
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13
Dec
2017
SPCs: clarity on claims with functional features?
A new referral asks for more clarity regarding the type of patent claim required for an SPC
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07
Dec
2017
Actavis v ICOS
Will dosage regime patents stand up in the UK courts?
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24
Nov
2017
Reasons for recordal 1, 2, 3…
Failure to register intellectual property rights (IPRs) can lead to significant consequences for the interested parties
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16
Nov
2017
Method of treatment inventions in Europe: new patentability hurdles and moving goalposts
Practical Insights webinar
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13
Nov
2017
IP Litigation and Advocacy Prize
Carpmaels & Ransford senior associate recognised for examination achievement
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10
Nov
2017
Chambers & Partners rankings 2018
Carpmaels & Ransford recognised as a leading firm for the 11th consecutive year
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08
Nov
2017
SPCs for medical devices?
A new reference to the CJEU may make it easier to get SPCs for certain medical devices
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03
Nov
2017
All shook up
BrewDog in the doghouse over an Elvis mark

O/291/17ELVIS JUICE (Opposition), UK IPO, 23rd June 2017

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17
Oct
2017
Legal 500 rankings 2017
Carpmaels & Ransford recognised for excellence in the Legal 500 2017 directory
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17
Oct
2017
Prize winners
Carpmaels & Ransford technical assistants come top in examinations
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06
Oct
2017
SPC Summer Review 2017
Recent developments in Supplementary Protection Certificate law and practice
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21
Sep
2017
FRAND – using the UK for settling disputes
Practical Insights webinar
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15
Sep
2017
Row, row, row your boat
Carpmaels & Ransford row London’s Great River Race for charity
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14
Sep
2017
Post-Brexit protection of IP rights
A recent paper from the European Commission sets out principles for the continued protection of intellectual property rights following Brexit.
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08
Sep
2017
Changes to the EU Trade Mark Regulation applying from 1st October 2017
The amended EU Trade Mark Regulation came into force on 23rd March 2016. A number of provisions, which had to be developed by secondary legislation, will apply from 1st October 2017
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17
Aug
2017
IP Stars Handbook 2017
Seven of our Partners have been recognised by Managing IP
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03
Aug
2017
UK Supreme Court decision alters UK approach to infringement by equivalents
This decision on Eli Lilly’s Alimta patent reverses lower Courts’ rulings and finds claims limited to “disodium” to be directly infringed by other salts and free acid
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25
Jul
2017
Home-grown talent
Carpmaels & Ransford promotes two new partners
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03
Jul
2017
The potential effect of Brexit on your trade mark portfolio
What should you consider?
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28
Jun
2017
Unwired Planet v Huawei – one FRAND to rule them all
The High Court’s finding that there is a single, potentially worldwide FRAND royalty rate applicable to any given set of SEPs and circumstances will have significant implications for UK SEP litigation
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21
Jun
2017
Germany’s ratification of the UPC Agreement put on hold
The Unitary Patent and the Unified Patent Court could be delayed following a request from the German Federal Constitutional Court
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16
Jun
2017
Highly Recommended
The firm and its partners are recognised in the IAM Patent 1000
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14
Jun
2017
Who’s Who Legal
Four partners from Carpmaels & Ransford have been featured in the most recent publication
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15
May
2017
Is a Markush claim enough for Article 3(a)?
UK High Court finds that an SPC can be validly based on a Markush claim
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09
May
2017
Keeping up in the patent race for connected cars
The interplay across technology sectors and competition between car manufacturers in the development of connected cars means that the established car manufacturers should ensure that they are not left behind in building and exploiting their patent portfolios
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26
Apr
2017
The UK will still apply EU law post-Brexit
The UK Government plans to provide continuity after Brexit by incorporating all EU law into UK law, thus minimising any changes when Brexit is complete.
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12
Apr
2017
Unwired Planet v Huawei – essentially fair?
In his judgment, Mr Justice Birss has demonstrated that the UK court is willing to lay down some ground rules which can be used by parties involved in licensing SEPs
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05
Apr
2017
The UK moves forward with Brexit
The UK has now formally notified the European Council that it plans to leave the European Union, in accordance with Article 50 of the Lisbon Treaty
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29
Mar
2017
Carpmaels in the Community
Giving our local environment a helping hand
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21
Mar
2017
SPC workshop
The day formed part of a legal study into the workings of the SPC system and included a wide-ranging discussion of possible changes to the SPC system
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20
Mar
2017
Tea rooms & passing off
The Willow Tea Rooms - a very British trade mark case
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20
Mar
2017
UK patent prosecution firm of the year
Carpmaels & Ransford is again recognised for excellence by MIP
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10
Mar
2017
Italy ratifies the UPC agreement
Italy has become the 12th member state to ratify the UPC agreement
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14
Feb
2017
Partial priority – G 1/15
A new decision from the EPO’s Enlarged Board of Appeal marks a radical change in the EPO’s approach to assessing priority entitlement.
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03
Feb
2017
Employee inventor compensation – guidance from the UK Court of Appeal
The UK Court of Appeal has upheld the decision of the High Court and the UK Intellectual Property Office that an employee of Unilever, Professor Shanks, was not entitled to inventor’s compensation
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01
Feb
2017
Carpmaels & Ransford ranked by World Trademark Review
Trade Marks and Dispute Resolution teams awarded a Silver ranking in WTR 2017
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19
Jan
2017
UPC expected to open in 2017
The UPC Preparatory Committee has announced today that the UPC is expected to open its doors in December 2017
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16
Jan
2017
Two new SPC references to the CJEU
Two new references to Europe's highest court consider what constitutes the 'first' marketing authorisation for a supplementary protection certificate and what it means for a product to be 'protected by a basic patent in force'
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13
Jan
2017
It is not what you say – it is what you do that counts
Maintaining confidentiality of information under the EU Trade Secrets Directive
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22
Dec
2016
Community Spirit
We are passionate about supporting and developing our local community
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12
Dec
2016
UK participation in UPC confirmed
The UK intends to participate in the Unitary Patent (UP) and Unified Patent Court (UPC)
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28
Nov
2016
IP Inclusive reception
A successful first year for the IP Inclusive Charter
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22
Nov
2016
New guidelines for assignment recordal at the EPO
Welcome clarification or just more red tape?
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17
Nov
2016
IP awareness workshops at LSBU
Providing students with a better understanding of IP
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04
Nov
2016
Carpmaels ranked by Chambers as a leading firm for the 10th consecutive year
Intellectual Property: Patent & Trade Mark Attorneys - UK wide
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03
Nov
2016
Intellectual property for start-ups
What are the key considerations for getting IP right from the outset?
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25
Oct
2016
Post-Brexit options for the UP and UPC
Legal opinion shows UK could remain in the Unitary Patent and Unified Patent Court post-Brexit
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03
Oct
2016
Legal 500 2016
Carpmaels & Ransford has been recognised for excellence by the latest Legal 500 directory.
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22
Sep
2016
IPO Annual Meeting
Corporate patent portfolio strategies in Europe in light of Brexit
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19
Sep
2016
Accelerating patent prosecution in the UK via the Green Channel
Early grant of a patent can be desirable not only for enforcement purposes but also for businesses for whom it is crucial to attract investors and secure funding.
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22
Aug
2016
Update: Brexit and intellectual property rights in Europe
Following the UK's vote to leave the EU a few months ago, the UK is slowly beginning the long process of a negotiated exit.
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19
Aug
2016
IP Stars Handbook 2016
We are delighted that five Carpmaels partners have been recognised by Managing IP.
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19
Aug
2016
Forthcoming Changes to the UK Patents Rules
Following consultation earlier this year, the UK Intellectual Property Office (UKIPO) has accepted eleven proposed amendments to the Patents Rules 2007.
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15
Aug
2016
De minimis – how low do you need to go?
Napp Pharmaceuticals Holdings Limited vs Dr Reddy’s Laboratories and Sandoz Limited
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11
Aug
2016
The Unitary Patent & Unified Patent Court
Guide to Key Features & Perspectives
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11
Aug
2016
English courts will not exercise jurisdiction over foreign designations of European patents where validity is also challenged
The High Court has recently dismissed a request to hear an infringement action in respect of the German designation of a European patent.
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22
Jul
2016
“A bee is an exquisite chemist”
A bee hive has been installed on the roof of Carpmaels & Ransford’s central London office.
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16
Jul
2016
The Patent Prosecution Highway: FAQs
The Patent Prosecution Highway (PPH) programme has now been running for over 10 years. Although most patent applicants have, in that time, become familiar with the concept of the PPH, many potential users have unanswered questions about its mechanics and are yet to route any of their patent applications along it.
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15
Jul
2016
Brexit and intellectual property rights in Europe
In a referendum held on 23rd June 2016, the UK voted to leave the European Union
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04
Jul
2016
EPO streamlines opposition process
From 1st July 2016, the EPO will initiate a new streamlined opposition process. The intention is to bring opposition proceedings to a speedy conclusion and thereby establish legal certainty for all parties to the opposition proceedings and the public.
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02
Jun
2016
High Priority!
Maintain the chain. Failure to maintain a precise and timely chain of title between priority and subsequent applications can cause loss of priority entitlement in Europe.
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01
Jun
2016
The Patent Box is Changing Shape
The current UK Patent Box system is closing to new entrants from 30th June 2016.
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05
May
2016
Patents Court rules in third technical Unwired Planet trial
The UK Patents Court recently handed down its judgment in the third technical trial in the ongoing dispute
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15
Apr
2016
Carpmaels boosts litigation practice with new hires
Leading patent litigator joins the firm to complete the jigsaw of offerings
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09
Mar
2016
European Trade Mark Reform. Changes to the Community Trade Mark…
On 23 March 2016, an amended European Trade Mark Regulation will come into force. What are the key changes?
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09
Mar
2016
The UK Supreme Court dismisses Trunki’s Registered Community Design appeal
Trunki is the ride-on child’s suitcase that has been critically acclaimed and a commercial success. Unfortunately for Trunki, this success did not extend to the Supreme Court.
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09
Mar
2016
Court battle over Unwired Planet patents continues
The UK Patents Court recently handed down judgment in the ongoing dispute between Unwired Planet and various mobile phone and infrastructure manufacturers.
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24
Feb
2016
Carpmaels & Ransford ranked by World Trademark Review
Trade Marks team awarded a Silver ranking in WTR 2016
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18
Jan
2016
Carpmaels in the local community
Our staff have volunteered to support a weekly Maths Booster Club
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03
Dec
2015
Unwired Planet v Samsung & Huawei
UK Court finds SEP valid and necessarily infringed through compliance with LTE standard
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04
Nov
2015
Carpmaels ranked by Chambers as a leading firm for the 9th consecutive year
Intellectual Property: Patent & Trade Mark Attorneys - UK wide
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30
Oct
2015
Paul Bettridge gets interactive with LSBU
Budding entrepreneurs acquired some valuable insights into design rights this week
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28
Oct
2015
Seattle Genetics (C-471/14): CJEU confirms that SPC terms are to be calculated from the date of notification
CJEU confirms that SPC terms are to be calculated from the date of notification of the marketing authorisation. It’s good news from the CJEU for those SPC owners who have been hoping for additional SPC term in Europe.
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06
Oct
2015
Seattle Genetics: Advocate General’s opinion points towards longer SPC terms
Good news could be on the horizon for SPC owners hoping for additional SPC term in Europe, following the Advocate General’s (AG) opinion in the Seattle Genetics SPC referral currently being considered by the CJEU (C-471/14).
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10
Sep
2015
All change for priority at the EPO?
The EPO’s highest instance, the Enlarged Board, has been asked to provide an updated test for assessing priority.
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13
Aug
2015
A Fresh Start
The Patents Court in the UK recently handed down an interim judgment in Unwired Planet v Huawei & Samsung et al., which considered a number of issues concerning the transfer of a FRAND obligation.
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31
Jul
2015
Claimed numerical ranges scrutinised by the English courts
English Court of Appeal rules in favour of ConvaTec in the latest chapter of the dispute over silverised wound dressings, holding that Smith & Nephew’s process falls within the claimed numerical range, despite an attempted work around to avoid explicit numerical limits.
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23
Jul
2015
European Union Community trade marks (CTMs)
If you are interested in selling your products or offering services in a number of countries that are members of the European Union, you may find that the CTM system offers you the best route for securing protection of your trade mark.
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30
Jun
2015
The EPO – time for talk?
The requirements of examining increasing numbers of patent applications whilst maintaining efficiency and quality have always been testing for the EPO.
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07
May
2015
CJEU rejects Spanish unitary patent challenge
After a longer than expected gap, the CJEU issued a press release announcing its judgments on Spain’s most recent challenges to the legality of the unitary patent and Unified Patent Court system.
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05
May
2015
SPCs for biologics
Guidance on product definitions, scope and validity from the EFTA Court in Pharmaq v Intervet (E-16-14).
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23
Apr
2015
An introduction to clarity in EPO oppositions
In March 2015, the EPO’s Enlarged Board of Appeal decided on the extent to which amendments made during opposition proceedings can be examined for clarity, following a referral from a lower Board.
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16
Apr
2015
Tomatoes and Broccoli at the Enlarged Board again – patent protection is available for plants and fruit.
In its second bite at the Tomatoes and Broccoli cases, the Enlarged Board has confirmed that plants and plant materials produced by biological processes are not excluded from patentability.
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07
Apr
2015
Software and business method patents in Europe and the UK
Patents for software and business methods have been a contentious topic of discussion amongst patent practitioners in Europe for a long time. Our briefing note on the subject has been updated to take account of recent developments, and aims to explain the current situation and resolve common misconceptions.
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01
Apr
2015
Actavis v Boehringer (C-577-13): What is the “sole” subject matter of an invention?
On 12th March 2015, the CJEU handed down its judgment in the Actavis v Boehringer referral. This judgment deals with questions referred by the High Court of England and Wales that relate specifically to SPCs for combinations of active ingredients.
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12
Mar
2015
English courts tackle Swiss claims and off-label use
The English courts have recently considered a question pivotal to the perceived value of Swiss-type claims: to what extent can such claims be used to restrict off-label use where other uses of a drug are no longer protected by a patent?
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05
Feb
2015
Partial priority referred to the EPO’s Enlarged Board – an antidote to “toxic divisionals”?
The EPO’s Enlarged Board of Appeal is to consider how to assess partial priority, in a decision that could signal the end of the controversial "toxic divisional" novelty attack.
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06
Jan
2015
UPC – Licensing considerations
Licensors and licensees of European patents and patent applications should consider whether their agreements are suitable for the establishment of the UP and UPC.
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04
Jan
2015
Will the public suffer? Let’s stay!
A recent decision from the UK Court of Appeal in Adaptive Spectrum and Signal Alignment Inc. v British Telecommunications Plc. has shown that the UK courts are prepared to impose injunctions on big telecoms operators, but that in doing so consideration may well be given to the effect an injunction will have on the public.
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18
Dec
2014
It all depends on the facts
The UK Court of Appeal recently issued a judgment in Lantana Ltd’s application which provides a useful summary of tests for excluded subject matter in the UK set out in previous cases. However, the judgment does little to clarify what continues to be a rather opaque and fact-specific area of the law.
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04
Dec
2014
A sting in the tail of the UK Intellectual Property Office’s new opinions service
The UK Intellectual Property Office (UKIPO)’s opinions service has been given more substance, and the Office has been given the power to revoke patents in certain situations. Since the request for an opinion by a third party is likely to grab the attention of the patentee, what opportunities does this new service provide?
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27
Nov
2014
EU proposes reining in the rights of holders of Standard Essential Patents.
Advocate General issues his opinion in Huawei v ZTE in its referral to the Court of Justice.
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25
Nov
2014
The IPEC leaves its cap on
The caps that are in place for the Intellectual Property Enterprise Court (IPEC), formerly known as the Patents County Court (PCC), provide claimants and defendants alike with certainty with regard to damages/account of profits and orders in relation to costs. This case (Abbott and another v Design & Display Ltd and another [2014] EWHC 3234 (IPEC)) focussed on how the cap relating to awards of damages/account of profits should be applied in actions involving more than one defendant.
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20
Nov
2014
UK court decides milk bottle patent case without trial
UK courts have the power to dispose of all or part of a case without a trial if there is no real prospect of success. In a decision upheld by the Court of Appeal, the defendant in the patent case of Nampak Plastics Europe Limited and Alpha UK Limited has successfully made use of these powers, receiving a favourable declaration of non-infringement from the High Court without the need for a trial.
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06
Nov
2014
Second medical use claims for devices – an uneven playing field?
European patent law offers extra protection for pharmaceuticals that is not available for medical devices. Second medical use claims for pharmaceuticals are routinely accepted in Europe, whereas the same style of claim is generally not permissible for medical devices. Recent case law has seen a shift towards rewarding new uses for existing medical devices, but achieving such protection requires care during prosecution.
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30
Oct
2014
IP Act 2014 – Changes to UK designs law come into force
In an earlier briefing note, we summarised the main changes to UK law introduced by the Intellectual Property Act 2014. A number of these changes come into effect today (1st October 2014), including measures intended to modernise, simplify and strengthen the law relating to designs – an area of protection often overlooked by IP owners. This short article reviews some of the more significant changes to designs law brought about by provisions in the Act.
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01
Oct
2014
Extended protection for medical devices – a hot topic in the UK
Manufactures of medical devices are requesting an increasing number of patent term extensions in a bid to recover the cost of getting regulatory approval. Recent decisions show that the UK IPO is taking a strict approach when examining patent term extensions for medical devices, but there are still situations where extra protection might be available.
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21
Aug
2014
Patentable parthenotes? Advocate General says yes
In the latest development to the patentability of human stem cells, the AG has recommended that stem cells derived from parthenogenically activated oocytes should not be excluded from patentability any longer. The AG drew the distinction between totipotent and pluripotent cells, noting that cells that do not have the capacity to develop into a human being should not be excluded from patentability.
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31
Jul
2014
UK High Court makes sense of CJEU’s decision on interpretation of Article 3(a)
In a pro-patentee judgment, the UK High Court suggests that SPCs can be based on most types of claim provided that the product which is the subject of the SPC falls within the scope of the claim.
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29
Jul
2014
Intellectual property rights and 3D printing: a threat or an opportunity?
The latest developments in 3D printing and the implications for IP protection.
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28
Jul
2014
Should High stay, for EPO? Actavis and Pharmacia clash in the High Court
Mr Justice Arnold in the Patents Court of the High Court of England and Wales (the ‘Patents Court’) initially refused a request by the patentee, Pharmacia, for a stay of UK revocation proceedings brought by Actavis, pending the outcome of opposition proceedings at the EPO based on three undertakings.
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24
Jul
2014
Changes to searches on applications entering Europe via the PCT
As of 1st November 2014, the EPO is changing the way it searches PCT applications entering the European regional phase which are considered to relate to more than one invention. These changes will result in increased flexibility for the applicant and should help to reduce the likelihood of encountering unexpected costs.
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14
Jul
2014
A measure of outstanding employee inventor compensation – Shanks v Unilever
In a decision dated 23rd May 2014, Mr Justice Arnold in the UK High Court dismissed Professor Shanks’ appeal and upheld the UKIPO decision not to award Professor Shanks any employee inventor compensation.
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19
Jun
2014
Patchy report from a gynaecology conference is enough to stop morning after pill patent
The UK’s High Court has decided that Richter Gedeon’s patent for a single dose of the emergency contraceptive levonorgestrel is invalid in view of a report published a few months before the priority date revealing the preliminary results from an incomplete study of the drug
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12
Jun
2014
Clinical trials in the UK are given immunity to patent infringement
New legislation introduced by the UK government should shield clinical trials in the UK from the risk of patent infringement from 1st October 2014.
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05
Jun
2014
Board of Appeal finds Swiss-type claims have different scope to EPC 2000 second medical use claims
A decision (T1780/12) from the EPO technical boards of appeal indicates that Swiss-type claims of the form “Use of [product X] in the manufacture of a medicament for the treatment of [disease Y]” provide a different scope of protection than EPC 2000 second medical use claims of the form “[product X] for use in the treatment of [disease Y]”
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29
May
2014
EDS v Synergy and Gravitas [2014] EWHC 1306
This recent decision of the Intellectual Property Enterprise Court (IPEC) demonstrates the importance of parties being clear in their pleadings about the technical field of the skilled person when seeking to invalidate a patent for obviousness in the UK. It also highlights problems that can arise in selecting expert witnesses.
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22
May
2014
EU spells out its approach to standards and patents
On 29th April 2014, the European Commission released two significant decisions concerning standard essential patents (“SEPs”) in respect of Motorola Mobility (“Motorola”) and Samsung.
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02
May
2014
Genentech’s Herceptin purification patent fails to pass the acid test
The UK’s High Court has decided that Genentech’s patent relating to a composition of Herceptin with reduced acidic variant content is invalid
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01
May
2014
Rovi v Virgin
The procedural and legal complexities which can result from differing decisions handed down by the EPO and UK courts was illustrated recently in a judgment from the UK Patents Court.
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01
May
2014
Less is more, but still not enough, for Genentech’s dosing schedule patent
The High Court has decided, in a single judgment, that Genentech’s patents relating to a dosage regimen for Herceptin and a purified composition of non-acidic variants of Herceptin are invalid. This article focuses on the dosage regimen patent.
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24
Apr
2014
No sitting on the fence for IPEC
IPEC holds that groundless threats of patent infringement proceedings were made.
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03
Apr
2014
“I want you to stay”: UK Court of Appeal agrees to await outcome of EPO central limitation
The EPO central limitation procedure has shown its potential to disrupt infringement and validity hearings in the UK courts, after the Court of Appeal agreed to adjourn an appeal in the ongoing dispute between Apple and Samsung.
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27
Mar
2014
Cosmetic Warriors Ltd and Lush Ltd v Amazon.co.uk Ltd and Amazon EU Sarl
A High Court decision concerning Amazon’s use of the LUSH trade mark as a Google AdWord and as a suggested term on the Amazon website when, as a matter of fact, LUSH products are not available for sale through Amazon.
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14
Mar
2014
Jack Wills Ltd v House of Fraser (Stores) Ltd
The High Court of England & Wales has found that House of Fraser’s use of a "Pigeon logo" infringed Jack Wills’ "Mr Wills logo" trade mark on the basis of a likelihood of confusion and also on the basis that the "Pigeon logo" took unfair advantage of the reputation in the "Mr Wills logo".
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11
Mar
2014
The Patent Prosecution Highway
The Patent Prosecution Highway (PPH) offers a system through which patent prosecution can be accelerated in one participating jurisdiction provided the claims of interest have been found to be acceptable in another participating jurisdiction.
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05
Mar
2014
Financial pitfalls associated with an interim injunction
In AstraZeneca v KRKA, d.d. Novo Mesto and Consilient Health Ltd. ("KRKA"), the Mr Justice Sales of the UK High Court has considered the merits of arguments put forward when trying to recover damages following a cross‑undertaking in respect of an interim injunction that was subsequently discharged.
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27
Feb
2014
ConvaTec fails to find a silver lining in its latest dispute with Smith & Nephew
The High Court decided that Smith & Nephew’s DURAFIBER AgTM wound care product does not infringe ConvaTec’s patent relating to silverised wound dressings, and refused to grant springboard relief to ConvaTec based on infringing experiments carried out by Smith & Nephew to obtain regulatory approval for their product.
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20
Feb
2014
European Trade Mark Proceedings & Litigation
Fast, cost-effective dispute resolution by professionals working exclusively on IP matters.
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12
Feb
2014
Preliminary injunctions readily available for process patents in the UK.
The UK High Court has again shown its willingness to grant preliminary injunctions in its decision BASF SE v Sipcam (UK) Ltd. This decision highlights the importance of pre-trial conduct and the need for cooperation between parties if they are to avoid adverse decisions in actions for injunctive relief in the UK.
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23
Jan
2014
CJEU allows multiple SPCs per patent under a qualified test, but uncertainties remain
On 12th December 2013, the CJEU handed down its rulings in three cases, Georgetown II (C-484/12), Actavis (C-443/12) and Eli Lilly (C-493/12), which have had SPC practitioners on tenterhooks for some time.
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19
Dec
2013
Appeal to stay proceedings dismissed in favour of the patentee
A decision of the Patents Court of the High Court of England and Wales (the 'Patents Court') to refuse a stay of proceedings pending the outcome of proceedings at the European Patent Office (EPO) has been unsuccessfully appealed by HTC in IPCom v HTC.
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05
Dec
2013
Finance and IP
Our recent guide, published in conjunction with the British Private Equity and Venture Capital Association (BVCA), notes that conducting intellectual property (IP) due diligence is essential when assessing whether and how to invest in a business.
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29
Nov
2013
Extending pharmaceutical patents in the UK
The contentious world of patent extensions for pharmaceutical products has come under the spotlight again in a recent UK decision: Actavis v Boehringer. The decision signals that the UK courts are keen to extend pharmaceutical patents, even where the product is a combination of two known active ingredients, but the final say will now go to Europe’s highest court (the CJEU).
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07
Nov
2013
Shopping for a technical effect (T 1670-07)
We report on a recent Technical Board of Appeal decision at the EPO which gives us a glimpse at how arguments often used when attempting to establish an inventive step may be perceived by the Boards.
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25
Oct
2013
Is EU Community design the top dog in design protection?
It can be hard to choose the most appropriate and cost-effective means of protecting designs within the European Union. This article looks at the issues that parties may wish to consider if they import, distribute or sell products within the European Union by reference to their innovative, visual appeal.
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17
Oct
2013
New “fast track” trade mark oppositions in the UK
A new "fast track" trade mark opposition procedure was introduced in the UK on 1st October 2013 as an alternative to the standard opposition procedure in some cases.
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08
Oct
2013
Change in European law on customs & anti-counterfeiting measures
Owners of IP rights can record their rights with customs authorities in some or all EU countries to help protect against counterfeiters.
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04
Oct
2013
The risk of threatening a competitor with a UK patent infringement action
Threatening to sue for patent infringement in the UK courts can result in significant financial liability for the person making the threat if the patent is found to be invalid and the threat therefore unjustified, as illustrated recently by the UK Court of Appeal in Sudarshan v. Clariant.
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05
Sep
2013
Plausibility and the role of post-published evidence in UK litigation
The Court of Appeal has dismissed Mylan’s appeal against the High Court’s decision upholding the European patent (UK) protecting Teva’s largest branded drug, the multiple sclerosis treatment Copaxone®.
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29
Aug
2013
hES cell patents in Europe – what’s the point?
The ECJ’s previous decision has been interpreted to mean that use of hES cells from established cell lines obtained by "destructive methods" is not patentable. In spite of this, you may be able to get claims granted by the European Patent Office (EPO) which on their face encompass hES cells. But is there any point in getting claims like this granted, or is there freedom to operate?
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22
Aug
2013
Broccoli and tomatoes
EPO Enlarged Board of Appeal defines the extent to which plant crossing and selection processes are excluded from patentability as essentially biological processes under Article 53(b) EPC.
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20
Aug
2013
Supreme Court puts to bed the principle leading to damages for infringing an invalid patent
In a significant recent judgment the Supreme Court (the UK’s highest court) has revisited and overturned a legal principle developed by the UK courts over 100 years.
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25
Jul
2013
Preliminary injunctions available in the UK despite first instance invalidity finding
The UK Court of Appeal (CoA) has reversed an earlier decision of the High Court and granted Novartis a preliminary injunction (PI) against Hospira, preventing sales of generic zoledronic acid for treating osteoporosis.
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13
Jun
2013
Nespresso® patent roasted in the High Court
The High Court judgment regarding Dualit’s supply of disposable ground coffee capsules compatible with Nectec’s patented machines examined whether display at a convention and field tests destroyed novelty, and assessed whether indirect infringement had taken place.
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13
Jun
2013
UK Court of Appeal considers the patentability of touchscreen-related inventions
A recent judgment of the UK Court of Appeal in HTC v Apple considered whether computer implemented methods utilised in touchscreen devices were excluded from patentability.
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30
May
2013
A Court of Justice reference breathes life into Sigma’s parallel importation appeal
The Court of Appeal has recently handed down a decision indicating its intention to refer questions relating to the Specific Mechanism to the Court of Justice (Europe’s highest court; the CJEU) on an appeal from the Patents County Court.
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02
May
2013
When is making a patented product not an infringement? Werit is making a repair
The recent judgment in Schütz v Werit from the Supreme Court provides guidance on the question of when repairing a patented product by replacing a component part infringes a patent to the product as a whole. This guidance will be welcomed by those who repair patented products in the UK.
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18
Apr
2013
Samsung v Apple, again
As the war for world smartphone domination rages on, the latest battle between two of the major belligerents, Samsung and Apple took place in the UK.
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11
Apr
2013
Inventive step – what to develop?
Where a patent's novel feature provides no new effect the UK courts may still consider arguments for inventive step, as illustrated by the recent decision of the UK High Court regarding the patent for the anti-malarial Malarone®.
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07
Mar
2013
But finishing was never part of the (paediatric investigation) plan…
The UK's High Court recently decided upon Dr Reddy's application to revoke the 6 month paediatric extension of Warner-Lambert's SPC for atorvastatin (Lipitor), which is used for lowering blood cholesterol.
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17
Jan
2013
UK disclosure is a powerful tool in patent litigation
The disclosure process under English law creates powerful opportunities during patent litigation. Careful use of disclosure can reduce costs and speed up proceedings across Europe, as shown in recent litigation between Danisco and Novozymes.
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29
Nov
2012
Apple loses appeal on “cool” design
The much-publicised dispute between Samsung Electronics (UK) Limited and Apple Inc. continues.
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01
Nov
2012
Victorious Samsung “not as cool” as Apple, rules Birss
The business and technology pages of newspapers and websites across the globe have been awash with stories of the so-called "smartphone wars", which have thrust intellectual property issues to the forefront of the world's media.
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26
Jul
2012
Neurim – “the most important SPC judgment ever”
On 19th July 2012 the CJEU, Europe's highest court, issued its ruling in case C-130/11 Neurim Pharmaceuticals.
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22
Jul
2012
HTC prevails against Apple in the UK Patents Court
IP news has been dominated by a series of on-going disputes between Apple and other major players in the smartphone market; the so-called “smartphone wars”.
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19
Jul
2012
Furrowed brows for L’Oréal at end of Allergan BOTOX® battle
On 10th May 2012 the First Chamber of the Court of Justice of the European Union (CJEU) gave its judgment on the appeal brought jointly by Helena Rubenstein and L’Oréal against the 16th December 2010 judgment of the General Court of the European Union, which dismissed appeals filed by the two parties.
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21
Jun
2012
Merck’s silence irrelevant as Sigma is left gasping
Merck Canada Inc. holds a UK patent and a UK SPC covering the active ingredient in the asthma treatment Singulair. It started an action for infringement of these rights by Sigma Pharmaceuticals PLC, which was importing Singulair from Poland into the UK.
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31
May
2012
Regeneron and Bayer caught in Genentech’s VEGF Trap
In the UK leg of the litigation relating to the potential blockbuster drug Eylea, marketed by Regeneron Pharmaceuticals, Inc. and Bayer Healthcare, the High Court has handed down a judgement ruling that Eylea infringes a patent held by Genentech, Inc.
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05
Apr
2012
An Important Day for Supplementary Protection Certificates
On Friday 10th February, the UK High Court had a busy morning applying recent decisions of the Court of Justice of the European Union (CJEU) in Medeva (C-322/10) and related referrals, to real world situations involving Supplementary Protection Certificates (SPCs).
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23
Feb
2012
SPCs – Decisions rain down from the Court of Justice of the European Union (CJEU)
Between late November and mid-December, there was a flurry of activity at the CJEU, with a number of decisions being handed down that are relevant to Supplementary Protection Certificates (SPCs) - a unique form of intellectual property right that provides an additional monopoly that comes into force after expiry of a patent.
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26
Jan
2012
Exclusion of “uses of human embryos for commercial or industrial purposes” from patentability in EEA
The Court of Justice of the European Union (CJEU) considered the scope of the exclusion from patentability of "uses of human embryos for commercial or industrial purposes" in its judgment C-34/10 handed down on 18th October 2011.
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08
Dec
2011
Medeva – Georgetown (C-322-10 and C-422-10)
The EU's highest court explains how to get an SPC for a combination drug, and confirms that an SPC for a single active ingredient can be used to stop sales of a combination drug containing the same active ingredient.
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30
Nov
2011
The transfer of priority rights
The question of who is a “successor in title” to the right to claim priority has recently been considered again by the UK Patents Court in KCI Licensing. Serious doubt remains over the validity of retroactive (nunc pro tunc) assignments to rectify defects.
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09
Sep
2010
Court of Justice decision in Monsanto v Cefetra (C-428-08)
The scope of protection of DNA claims insofar as they protect material incorporating a DNA that is not able to perform the function for which it was patented has been decided in a recent ECJ Judgment.
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09
Jul
2010
The patentability of diagnostic and surgical methods in the EPO
Decisions G1/04 and G1/07 address the extent to which a diagnostic method and a method involving an invasive intervention on the body are excluded from patentability under the EPC.
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07
Jul
2010
EPO to get tough on multiple independent claims
From 1st April 2010, the European Search Report will be limited to a single independent claim in each category.
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01
Jan
2010

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