In June 2016 the UK voted to leave the European Union, raising many questions around EU Trade Marks and Community Designs, as well as representation rights before the EUIPO.
Keltie’s “United in Europe” video below highlights our response to Brexit. (more…)
As of 14 January 2019, there have been important amendments to trade mark law in the UK. We have highlighted some of the key changes below. (more…)
Nothing over the last few weeks has done anything to dispel the uncertainty that hangs over Brexit. Parliament emphatically rejected the proposed EU withdrawal agreement on 15 January and the last week has seen a number of proposed amendments* to the withdrawal agreement defeated. There are now only around 50 days until Brexit and the UK’s position hasn’t changed much since Article 50 was triggered nearly two years ago…. (more…)
The differences between US and European patent law can often trip up practitioners unless they are careful – while most European patent law is (fairly) well harmonised, US patent law is quite different. While the two are closer in some ways than they have been – obviousness in the US has become much more like inventive step in Europe since KSR v. Teleflex, for example – there are some sharp differences. One subtle one is the interplay between confidentiality and sale. The recent decision in Helsinn Healthcare S.A: v. TEVA Pharmaceuticals USA INC., et al., reported here in IPKat, shows that one very real trap still exists. (more…)
The trade mark dispute at the European Intellectual Property Office (EUIPO) between Supermac’s, an Irish fast food restaurant chain, and McDonald’s over the “Big Mac” European trade mark has appeared in a number of news stories over the last couple of weeks.
The full decision from the EUIPO, in which the application by Supermac’s to revoke the Big Mac trade mark was upheld, can be found here.
I sat down with Alistair Gay, a partner in Keltie’s trade mark team, to discuss the case. (Note: this video has subtitles.)
Much like a nurse attempting to decipher a doctor’s scrawled prescription note for their patient, a large proportion of a European patent attorney’s working life seems to involve interpreting examination reports for their clients, and in particular explaining the various comments and objections raised by the EPO examiners. As such, we thought it might be useful to summarise various objections that Applicants might see in Communications from the EPO, and what they really mean. (more…)
We have our first video post today on the subject of marking products with patent numbers. (Note that the video has subtitles.)
This is my first effort at a video post so please be kind!
Mark Richardson 23 January 2019
Prosecuting a patent application from filing to grant can be a long winded process lasting, in some cases, many years. An application needs to be searched and then published before being examined. Delays at the UK Intellectual Property Office in certain technology fields can mean that examination reports take years rather than months to issue and delays at the European Patent Office (EPO) have, in extreme cases, meant that applications have remained pending for even longer.
In many cases applicants may be happy to proceed at a slow pace because it allows an invention to be developed and marketing/commercialisation plans put in place. The cost of the patent process can also be spread out over time. There are however circumstances where a more speedy grant would be useful, for example where you think someone is using your invention and you want a granted patent to allow some kind of infringement action to be taken or where an investor asks for a granted patent before they release funds for the development of your company/invention.
Both the UKIPO and the EPO offer a range of acceleration procedures that can help get a granted patent more quickly. The various options for these two patent offices are discussed below. (more…)
Companies that have not yet considered how their products or services may fall within the definition of Research & Development (R&D) for tax purposes are likely to be missing out on significant tax savings through R&D tax relief.
R&D tax relief rewards companies that are seeking advancement in the state of knowledge in their sector. In the definition for tax purposes1, R&D does not necessarily mean the development of a new product. R&D can involve development of new or improved products, processes, services, devices or materials. Importantly, R&D is not limited to a particular industry. For example, R&D claims can be made in industries such as retail (e.g. improved processes), IT and telecommunications (e.g. software development), food and beverage (e.g. innovative recipes), engineering (e.g. new materials), manufacturing (e.g. automation) as well as the more well-known R&D industries such as pharmaceutical, biotechnology and energy. (more…)