Apples and Oranges – Shanks v Unilever
Introduction
For many years there has been little or no guidance as to what might constitute “outstanding benefit” for the purposes of section 40(1) Patents Act 1977 (“PA 1977”), since no claim made under this section had ever been successful. All that changed in the late 2000s when the High Court awarded Kelly and Chui £1.5 million for their patented invention “Myoview”: Kelly and Chiu v GE Healthcare Ltd. [2009] EWHC 181 (Pat) (“Kelly”). In the Kelly case, the patent was found to be of “outstanding benefit” for a number of reasons, not least because, without it, the company Amersham International plc. – for whom Kelly and Chui worked when the invention was made – would have been in significant financial difficulty but for the patent. Evidence was presented that the total sales of “Myoview” over a five year period had been in the region of £1 billion, and Floyd J assessed that the benefit to the employer from these sales was no less than £50 million. It was perhaps not difficult to reach a conclusion of “outstanding benefit” in the Kelly case given these facts. However, a seemingly very high bar had been set for any future claimants. (more…)
Patents to protect ethical, environmental or socially responsible technologies
Times are changing fast. Society as a whole is (finally, some would say) moving towards a more moral or ethical standpoint on a whole host of important issues, whether that be climate change, social responsibility or animal welfare. How do patents, seen by some as a legal ‘stick’ to beat ‘the little guy’ with, fit in this uprising trend? Can patent protection ever be part of an ethical or high moral value business model? (more…)
The predictive power of the Pre-EQE
It’s mid-January. Exam stress is rising. About two months from now, more than 2,000 candidates from close to 40 different countries will take part in either the EQE pre-examination or one or more of the four EQE main exams that are organised by the European Patent Office (EPO). These exams, especially the four main exams, are not easy. Only 2 in 5 candidates manage to pass all papers in their first attempt. Passing these exams is only possible with proper preparation. Following some courses is highly recommended for all papers. Thoroughly studying the (case) law and practicing a large number of old exams is unavoidable. (more…)
No Deal Brexit, Boris and IP
Following Boris Johnson becoming the Prime Minister of the UK last month, and given his desire to leave the EU by the 31 October 2019 deadline with or without a deal, we have highlighted the UK government’s plans for trade marks, designs and patents in the event of a “No Deal” Brexit in more detail.
It is noted that in the event of a “No Deal” Brexit, the UK will leave the EU without any transition period and the “switch-over” date for IP, referred to as “Exit Day” below, will be 31 October 2019 (unless there are further extensions) (more…)
Roy Scott obituary
When a teenage Roy Scott reported for his first day at the Ministry of Defence back in 1987, he was allocated to a department doing something he’d never heard of – called ‘IP’. Luckily for IP, Roy caught the bug and took his first steps in a profession on which he was to have a profound influence. For Roy wasn’t just a consummate professional: he devoted himself to shaping the IP community too.
After a couple of years with the MoD, Roy moved into private practice with Lloyd Wise. Next, he joined Jenkins before moving to Field Fisher and then Nabarro, where he led sizeable IP support teams. From there, Roy brought his outstanding experience to Keltie in 2003, where he rose to become the firm’s Senior Paralegal.
Canada’s Patent Rules come into force on October 30, 2019
Today on IPcopy we have a guest post from Wendy Lamson of Perley-Robertson, Hill & McDougal LLP on the subject of national phase entry in Canada. This post has been reproduced with the permission of the author.
The new Patent Rules were published on 10 July 2019 in Canada Gazette, Part II. The amendments will bring the Canadian Patent Rules into conformity with the Patent Law Treaty and will come into effect on October 30, 2019.
Highlights of some of the more important changes are discussed below. Notably, certain deadlines will be shortened and the ability to reinstate an abandoned patent application or revive a lapsed patent will become more difficult in certain circumstances. (more…)
European patent prosecution – impact of the International Searching Authority (ISA)
Overview
When entering the European regional phase from the PCT phase the choice of the international searching authority (EPO or non-EPO international searching authority) has an impact on the actions that are required shortly after regional phase entry and also an impact on the fees that are payable. This article provides a high level overview of the main points of difference. (more…)
A sad announcement from Keltie – Roy Scott 1968 – 2019
It is with great sadness that we have to announce that our dear friend and colleague, Roy Scott, passed away on 21 June following a long battle with illness.
It is an incredibly sad time for us at Keltie who have had the pleasure of Roy’s company for more than sixteen years. He was our Senior Paralegal and brought vast experience, in so many imaginative ways, to our paralegal team and to us all. Keltie would simply not be the place it is now without Roy’s overwhelming contribution and infectious charisma. He was also renowned for his contributions to the profession as a whole and inspired so many through his lectures and training, both internally at Keltie and externally through CITMA, CIPA and TMAP.
Roy was an incredible man with an amazing spark and the most joyous and upbeat character which shone through always, even in more recent and difficult days. He is completely irreplaceable to us, as a friend and colleague, and we will miss him dearly. Our thoughts and prayers are with Roy’s family especially at this very sad time.
Brexit and IP – updated overview
This article is an updated version of a previous Brexit related article which takes into account the UK’s revised date for leaving the EU.
Following an extension agreed by EU leaders back in April, the UK is now expected to leave the European Union on 31 October 2019. The UK’s departure from the EU may have an effect on your Intellectual Property Rights. This article is designed to briefly set out those potential changes.
“Exit Day”
There is a key ‘switch-over’ date for IP, which is referred to here as “Exit Day”. The exact date of Exit Day will be different depending on the manner in which the UK leaves the EU.
In the event of a “No Deal” Brexit, where a Withdrawal Agreement has not been agreed by both sides, the UK will leave the EU without any transition period and Exit Day will be the end of the Article 50 period. Currently the end of the Article 50 period is 31 October 2019, though this date could potentially be extended again if there is still no agreement by that date.
If the Withdrawal Agreement is agreed by the EU and ratified by the UK, this provides for a transition period during which the UK will no longer be part of the EU, but will still be bound by EU rules. In this scenario ‘Exit Day’ is the end of this transition period (the end of December 2020 at least though potentially this date could also be extended).
References to “Exit Day” below should therefore be read as encompassing either the “No Deal” exit day or the exit date at the end of the transition period.
Mental health – How to help in the workplace?
Image by Wokandapix from Pixabay
People often say that they have no idea what to say or how they can help me when I’m in the grips of mental illness. They want to be able to help, but have no idea how to go about it. There is no doubt that it is a difficult and incredibly personal topic, especially to be discussing at work. However with poor mental health being one of the main reasons for people taking time off work it is not something that can be ignored, particularly if we are aiming for workplaces in which staff are happy and in which everyone can thrive.
A lot of the conversation currently seems to focus on what people with mental illness can do in order to get help or to improve their condition. I believe that some of the pressure that currently rests on the mentally ill to adequately explain themselves should be lifted. In my opinion, the best way that you can help co-workers struggling with mental illness is to educate yourself about what they’re dealing with in order to truly empathise and to thereby create a working environment free of shame and stigma.
We are seeing workplaces implement more mental health related policies, which is clearly a very good thing! There has been more of a focus put on the ways in which we work, implementing more flexible hours and training mental health first aiders to name a few. These steps forward are obviously incredibly important, but here I am instead choosing to focus on what we can all do on a personal level in order to make a difference. Change does not just come from workplace policy, but in the way we interact with each other on a daily basis.
Below I have laid out what are, in my opinion, the most important and helpful things you can do in order to support people who are experiencing ill mental health. (more…)
IPcopy 