So, it’s finally happening. At 11pm (UK time) tonight, 31 January 2020, the UK is leaving the EU – whether or not Big Ben bongs to ring out the changes. And what changes will there be on the IP front? The short answer, in the short term, is: absolutely none. EU law will continue to operate in the UK during the transition period, exactly as it currently does. The transition period will be from 1 February 2020 – 31 December 2020 unless an extension is obtained, which the Prime Minister has promised will not happen. The IP system will therefore continue as it currently does in the UK and the EU until at least the end of this year, without any disruption or changes.
Insights: European Patent Convention
Artificial Intelligence (AI) has once again been in the news in the Intellectual Property world. Some of our previous insights have commented on AI innovation and in particular how different Patent Offices examine patentability of AI inventions. In short, AI inventions can in principle be patentable, but do have to meet the same criteria as patent applications in other fields. Patent Offices will examine all inventions following the law, case law and well established guidelines which seek to provide legal certainty for all users. However, the European Patent Office has just published its decision setting out the reasons for its refusal of two European patent applications in which an AI system was designated as inventor.
To mark the International Year of the Periodic Table, Zack Mummery takes a look at the unusual question of whether individual chemical elements could be patented.
The referral to the Enlarged Board of Appeal relating to plants obtained by means of an essentially biological process.
In 2017, the Boards of Appeal moved from their central Munich location to the municipality of Haar. The purpose of the move was to increase public perception of their independence, as well as to increase efficiency and organisation.
The CJEU ruled that organisms obtained by mutagenesis are genetically modified organisms (GMOs) and are subject to the obligations laid down by the GMO Directive