Insights

The EPO recently reported the results of an ongoing pilot project for Opposition hearings by videoconference (ViCo) and at the same time announced that all Examination and Opposition oral proceedings between 4 January 2021 and 15 September 2021 will be held by ViCo.Opposition hearings will be delayed until after 15th September 2021 only where there are serious reasons preventing the use of ViCo and agreement of the parties to the proceedings is no longer required.

In March 2013 the mark was granted registration under EUTM No 010914836 in Classes 9, 20 and 35. The protected goods included “Smart phones, Mobile computing devices, tablets” and “Furniture”, while the services included the retailing, wholesaling and mail order of these and other goods. On 29 February 2016, Samsung Electronics GmbH (“Samsung”) applied for a declaration that the registration was invalid on the basis that the mark was non-distinctive and descriptive in relation to all of the protected goods and services. However, the Cancellation Division rejected Samsung’s application and the registration was maintained. The Cancellation Division found that the term “SMART THINGS” was descriptive, and noted that the figurative element “:)” (“the emoticon”) is ubiquitously used as a smiley in society at large, including in business, and has positive connotations. However, the Cancellation Division held that the emoticon endowed the mark with at least a minimum of distinctive character and meant that the mark as a whole was not purely descriptive.

Today, the Prime Minister has set out the government’s “ambitious” ten point plan for a green industrial revolution, with those ten points being “built around the UK’s strengths”. 1.Offshore wind: Producing enough offshore wind to power every home, quadrupling how much we produce to 40GW by 2030, supporting up to 60,000 jobs.2.Hydrogen: Working with industry aiming to generate 5GW of low carbon hydrogen production capacity by 2030 for industry, transport, power and homes, and aiming to develop the first town heated entirely by hydrogen by the end of the decade.

Plastic is great. It’s cheap, strong, lightweight, durable, waterproof, doesn’t break down easily… the list goes on. Its diverse range of properties lends itself to many applications. However, the exceptional durability of plastic is something of a double edged sword. In order to meet the high demand for plastic we produce over 300 million tonnes of it per year, much of which ends up in landfill, the oceans and even our bodies.

There were 85 invalidity decisions issued between 1 July 2020 and 30 September 2020. 41 invalidity actions (48%) were successful, meaning that the contested registered Community design was invalidated by the Invalidity Division. 44 invalidity actions (51%) were unsuccessful, meaning that the application for a declaration of invalidity was rejected and the RCD was maintained as registered.

On 17th October 2020, China approved the fourth amendment to the China Patent Law, which will come into effect on 1st June 2021. This amendment introduces a number of changes to Chinese patent law, with the introduction of patent term extensions (PTEs), patent term adjustments (PTAs) and a patent linkage system being of particular interest to both originator and generic pharmaceutical companies operating in China

There has been a lot of discussion in recent years around how the patent system can be applied to, and indeed may need to be adapted in light of, artificial intelligence and related technologies. Indeed, our previous blogs have covered everything from the basics of AI patentability to whether AI can be designated as an inventor. There are also a number of reports and ongoing reviews into the subject, with most of the attention focused on how the patent system can help AI. However, a report from the UK Intellectual Property Office (UKIPO) has turned that question around, and asked how AI can help the patent system.