Webmarking of Registered Designs

The UKIPO have announced that the option of webmarking products to indicate registered design rights will launch on 1 October 2017. This will bring UK registered designs into line with UK patents, where webmarking of patented products has (read previous article here) been an option since October 2014. Present situation in webmarking As reported in an… Read more »

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New European Medical Devices Regulations – Improving Standards for Patients (but what about patients in a post-Brexit UK?)

Two new EU regulations were recently adopted to help regulate the over 500,000 types of medical devices and in-vitro diagnostic medical devices currently available in the EU. The medical devices regulation applies to the huge range of medical devices available – from relatively simple first aid technology such as sticking plasters, through drug delivery devices such as… Read more »

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English courts permit the grant of ‘Arrow’ declarations in the interest of providing commercial certainty

For the first time, English Courts have granted relief in the form of a negative declaration known as an “Arrow” declaration which allows the claimant who sought the declaration to launch their product on the market with confidence that the patentee will not threaten the claimant for patent infringement in the UK. Following a judgment… Read more »

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Reversing my view of Parking Assist

  During a chat with my Automotive group colleagues about developments in automotive technology I confessed that although I’d owned my “new” car for over a year, I hadn’t yet dared to try the parking assist function. Something about a car parking itself made me feel slightly uneasy. My colleagues pointed out that this was… Read more »

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European patents no longer available for plants and animals obtained exclusively by means of an essentially biological process

A key change has recently been implemented under European Patent Law in order to exclude from patentability, plants and animals “exclusively” obtained by essentially biological processes. Under the European Patent Convention plants and animals are patentable as long as they are not confined to a particular plant or animal variety. However, newly implemented rules (Rules… Read more »

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BREAKING NEWS- Actavis v Eli Lilly: UK Supreme Court reformulates patent infringement test

In a Judgment handed down today, the Supreme Court has reformulated the test for patent infringement in the UK, particularly insofar as it relates to infringement by equivalents. The Patent and the declaration sought by Actavis Eli Lilly owns a patent that claims the use of “pemetrexed disodium” in the manufacture of a medicament for… Read more »

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Change of Rules 27 and 28 regarding patentability of plants and animals at the EPO

A key change has recently been implemented under European Patent Law in order to exclude from patentability, plants and animals “exclusively” obtained by essentially biological processes. Under the European Patent Convention plants and animals are patentable as long as they are not confined to a particular plant or animal variety. However, newly implemented rules (Rules… Read more »

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Reforms to the UK legislation relating to Unjustified Threats actions

The Intellectual Property (Unjustified Threats) Bill received Royal assent on 27 April 2017 and the Intellectual Property (Unjustified Threats) Act 2017 will come into force in October 2017. A discussion of the Bill was reported here. The Bill has been accepted without amendment. This new law harmonises the UK law relating to unjustified threats relating… Read more »

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