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Misleading Invoices: The Brexit Edition

brexit-1481028_1920In April 2019, the EU agreed a second delay to the UK’s departure from the EU and set a new departure date of 31 October 2019. Following EU leaders’ talks about the new Brexit delay, President Donald Tusk told the UK: “Please don’t waste this time”.

A couple of months on from Tusk’s press conference the UK appears to be doing everything it can to ignore that request as we watch the Conservative Party continue to tear itself apart by holding a leadership contest and the Labour Party leader continue the party’s policy of constructive ambiguity as far as its Brexit policy is concerned.

Although the UK political parties and most of the country seem to be gripped by an ongoing Brexit paralysis (#JustMakeItStop), one group of people have been quick off the mark hoping to cash in on the uncertainty around Brexit.

Yes, misleading IP related invoices are back and this time the companies sending the “invoices” are hoping to persuade their recipients into parting with their hard earned cash by paying for totally unnecessary UK trade mark and design registrations. (more…)

London Tech Week 2019 – IP Clinics

Intellectual Property Clinics: protecting your inventions, branding and designs

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Keltie will once again be taking part in London Tech Week which this year runs from 10th to 14th June by running free Intellectual Property Clinics throughout the week. (more…)

Brexit and Patents

Further to our Brexit videos on designs and trade marks. Here’s IPcopy’s video summary of the impact of Brexit on patents.

4 April 2019

Brexit delayed: EU offer “If This Then That, Else” extension

brexit-1481028_1920After grilling PM Theresa May for 90 minutes and then holding 8 hours of talks, the EU-27 offered to delay Brexit last night. The PM has accepted this offer which means that the No-Deal cliff edge has moved back from 29 March and Brexit has effectively been delayed slightly. This delay means that the potential impact of Brexit on EU Trade Marks (EUTMs) and Registered Community Designs (RCDs) will also be delayed. (more…)

McDonald’s, Supermac’s and the “Big Mac” EU trade mark

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.)

Mark Richardson and Alistair Gay 30 January 2019

Patent Markings

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

Patent prosecution in the UK and Europe – acceleration options

carProsecuting 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…)

EPO to join WIPO’s Digital Access Service (DAS) for priority document exchange

EPO4WIPO’s Digital Access Service (DAS) allows priority documents to be exchanged electronically between participating IP Offices (there are currently 19 participating offices including the US, Japan, China, Korea [who make up 4 of the 5 IP5 offices], the UK and Australia).

The EPO will be joining the list of participating IP offices from 1 November 2018 (see Decision of the EPO President here and accompanying Notice from the EPO here). Where the WIPO DAS is used an Office of Second Filing (OSF) may electronically retrieve a copy of the priority document from the Office of First Filing (OFF) using a DAS access code.

Initially DAS at the EPO will be for EP patent applications and EP regional phase applications from the PCT. DAS will not initially be available for PCT applications filed at the EPO though this will be added in the future. (more…)

Computer-implemented inventions, cloud computing and the EPO Guidelines for Examination

EPO4IPcopy had the pleasure of attending the EPO ICT seminar at the end of September where recent developments at the EPO in relation to computer-implemented inventions (CII) were discussed. The seminar was held the week before the latest version of the EPO Guidelines for Examination (November 2018 edition) was published which meant we were teased a few times with what was about to be released.

We were however told that the 2018 update to the Guidelines contains some significant CII related changes*, in particular more examples that show what is regarded as technical and what is regarded as non-technical in areas such as business methods, computer programs, mathematical methods and data retrieval.

Interestingly, it was mentioned that the CII portions of the 2019 and 2020 versions of the Guidelines will probably only contain minor clarification amendments rather than the more significant changes that have been seen in the last few years. The CII Guidelines Working Group has had an ongoing project running since 2014 and the first batch of CII changes came out in the 2015 Guidelines (Problem-solution approach for mixed inventions/search for computer-implemented inventions), the second batch in 2016 (Claim forms for CIIs, examples for PSA for mixed inventions) and the third batch in 2017 (Presentation of invention and UIs). The 2018 Guidelines represent the fourth batch of changes and it was noted that we will likely only see clarification amendments for the next couple of years.

Now that the November 2018 Guidelines have been published IPcopy has taken a look at the CII sections and highlights the following changes : (more…)

Brexit: Patent, trade mark, design and GI “No Deal” notices published by UK Gov

brexit-1481028_1920It’s probably fair to say that the Prime Minister’s meeting in Salzburg last week did not go as well as the government would have hoped. Talk has now turned to the negotiations being at an impasse and the possibility of a No-Deal Brexit becoming reality seem to have increased.

Given that we’re now all staring out over the cliff edge again it seems a fitting time to take a quick look at the UK Government’s advice notices, that were published yesterday, in respect of patents, trade marks, designs and geographical indications in the event of a No-Deal Brexit. (more…)