During appeal proceedings, the Board of Appeal may refer a question to the Enlarged Board of Appeal if a point of law of fundamental importance arises. On this basis, in February 2019, the Board of Appeal (for appeal number T0318/14) referred the following questions to the Enlarged Board of Appeal:1. Can a European patent application be refused under Article 97(2) EPC if it claims the same subject-matter as a European patent granted to the same applicant which does not form part of the state of the art pursuant to Article 54(2) and (3) EPC?2.1 If the answer to the first question is yes, what are the conditions for such a refusal, and are different conditions to be applied where the European patent application under examination was filed
Smiley Miley, Inc. (‘SMI’), the company owned by American singer Miley Cyrus, has won a six year legal battle to register the trade mark MILEY CYRUS in the EU. The General Court of the European Union (‘the GC’) issued its decisions on 16 June 2021, overturning the refusal of this trade mark application by the EU Intellectual Property Office (‘the EUIPO’).
This article is the second in our renewable energy patent tracker series. The first, published early March 2021, compared patent trends for renewable energy generation technology from 2016 to 2020 with data from the first two months of this year. Using the Y02 classification scheme developed by the EPO for labelling climate change mitigation technologies, we compared the number of publications in different renewable energy fields (solar PV, solar thermal, wind, geothermal, hydro and from the sea) and ranked the biggest patent filers in these areas. In this instalment, we update our statistics for this year, incorporating data from up until the 19th May, and extend our trend analysis over the ten years leading up to 2021.
The General Court of the European Union (‘the GC’) has issued its hotly anticipated decision in Hasbro Inc. v European Union Intellectual Property Office (‘EUIPO’). This case centres on whether one or more EU trade mark (‘EUTM’) registrations owned by Hasbro Inc. (‘Hasbro’) for the trade mark MONOPOLY are invalid because Hasbro’s intentions, when re-filing a mark that was already protected by an EUTM covering the same goods/services, was to undermine the requirement to prove use of an EUTM.
In their recent decision (T1839/18), the boards of appeal re-affirmed the legality of straw man oppositions. Although this in itself is not news, we felt it offered a good opportunity to look again at the many advantages of anonymously opposing a European patent.
The first long-haul flight powered by biofuels took off on 18th May 2021. An Air France-KLM flight from Paris to Montreal used a mix of conventional jet fuel and a sustainable aviation fuel (SAF) made from used cooking oils. Also, the UK Government has recently announced that it will mandate the introduction of E10 fuel (petrol containing up to 10% of sustainable bioethanol) from September this year
The oral proceedings before the Enlarged Board of Appeal to discuss the question of whether oral proceedings by video conference can be appointed without the consent of the parties was held (by video conference) today. However, we are still no closer to finding out whether video conference can be used for all oral proceedings without […]
Brazilian IP Law previously provided that the term of a patent is the longest of 20 years from filing date or 10 years from date of grant. This ensures a minimum term of ten years from the grant date; it can be thought of, effectively, as an automatic “Patent Term Adjustment” to account for delays in prosecution by the Brazilian Intellectual Property Office.