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With the UPC sunrise period due to start on 1 January 2023, the patent profession is anticipating filing many advance opt out requests in respect of their clients’ existing EP patents.
However, is there a flaw in the opt out rules that means some EP patents will require a lot more work before they can be opted out or even make it impossible to opt some patents out? (more…)
The UPC Preparatory Committee has announced a potential start date of 1 April 2023 for the unitary patent system with the sunrise period scheduled to start on 1 January 2023.
A key part of the UPC will be a fully functional case management system but there are unfortunately many unanswered questions regarding this IT platform with many patent attorneys in the dark about how to efficiently lodge bulk opt out requests and, with less than three months to go before the sunrise period is scheduled to start, a need to get to grips with the recently announced strong authentication system requirements. (more…)
As the world starts to emerge from the worst of the pandemic, fitness companies, which had driven advances in the home fitness industry as gyms were closed, are now turning to the legal system to protect their own products from competition while expanding into new lines of business.
In the most recent turn of events, Nike is suing Lululemon for patent infringement over Lululemon’s at-home Mirror fitness device and related mobile applications, alleging that Lululemon is infringing IP that they have been developing since 1983. This lawsuit follows Lululemon’s acquisition of Mirror, who previously produced the smart device and apps, for $500 million (£368 million) in 2020. A spokesperson for Lululemon has said that they are ‘confident in [defending their position] in , as the claims in Nike’s patents were “overly broad and invalid”.
With the home fitness industry thriving, new brands are coming head-to-head with market dominating giants. As the digital age accelerates innovation in the sporting world, organising and protecting your IP is important now more than ever, and it could save you a lot of time and money in the long run. (more…)
Back in June this year, the UK announced its intention to start negotiations to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). For a country that is separated from continental Europe by a mere 21 miles, joining the CPTPP might raise the odd eyebrow. The purpose of this article however is to look at the possible impact that joining the CPTPP might have on the UK’s patent system.
As explained in more detail in this post on the Keltie website, the CPTPP expects signatories to the agreement to provide for a 12-month grace period for patents. The UK is also a signatory of the European Patent Convention which does not provide for a grace period of this nature. On the face of it there appears to be some conflict between the provisions of the CPTPP and the EPC. (more…)
Last week ratification legislation for the Unified Patent Court Agreement (UPCA) entered into force in Germany. This move follows years of delays caused by challenges to the UPCA in the German Federal Court.
On the face of it, the path to a functioning unitary patent system seems clear and a new operational start date of “around mid-2022” has been published by the UPC Preparatory Committee. However, a number of further steps and obstacles remain, some of which seem more than just formalities. (more…)
Around 25% of the population of the world is under 15 years of age. With around 7.9 billion people on Earth, that means there are approx. 5.9 billion adults on this Blue Marble. Assuming all these adults are given a 2-shot Covid vaccine around 12 billion doses are required to vaccinate 75% of the World’s population. Although somewhere north of 8.6 billion doses have apparently been ordered there is an obvious imbalance in the distribution of vaccines.
This imbalance in vaccine distribution gave rise back in October last year to a proposal from India and South Africa for a waiver from certain Intellectual Property provisions of the TRIPS Agreement. In recent weeks the clamour for such a waiver to be approved has increased and is often presented as the solution to the problem “we’re not safe until we’re all safe”. In the last week, the US apparently reversed its long standing position against such waivers when Ambassador Katherine Tai announced that the US would support waiving intellectual property provisions for COVID-19 vaccines.
However, will such an IP waiver (also referred to in the press as a “patent waiver”) be the silver bullet solution to vaccine shortages that it’s being portrayed as? (more…)
Artificial Intelligence (AI) continues to play an increasing role in technological development. There are many questions relating to intellectual property (IP) that arise from AI-related innovation. The UK government has indicated that it wants the UK to be at the forefront of the AI revolution, and wants to create the best environment to allow AI innovation to thrive.
Last year, the UK government published a call for views on various topics related to AI and IP. The government has now published its response, and below we summarise the response on the patent-related topics included in the call for views. (more…)
So, the EQEs are over for another year. We wrote about the technical issues experienced in Paper D last week. This post aims to look over the examination as a whole and highlight areas where there’s room to improve.
The points below will, IPcopy understands, chime with many candidates, though perhaps not the EPO Press Release team who put out this glowing tribute to “going digital”. If anyone is looking for a Reality Distortion Field Generator that goes up to 11 then at least we know where there’s one we might be able to borrow….
Nearly 4000 candidates and 24 hours of exams over 5 days is a large project to deliver and the EPO should be congratulated in getting the exams off the ground this year. IPcopy wonders however if a perception that the online version might lead to cheating in turn resulted in some of the sub-optimal outcomes noted below. (more…)
Technology has been a force for good/amazing things – getting man to the Moon, speedy vaccine development, the Internet1 – but has had some missteps along the way – Zoom cat filters, the Internet2 and now the EQE online exam platform….
As an outside observer, the WISEflow system/LockDown browser seemed a somewhat over-engineered and complicated solution to try and implement for the exams this year. Any system that has had people seriously contemplating removing keys from their keyboards to avoid getting kicked out of the system for using a banned keyboard shortcut combination is, in this blog’s view, not quite ready for Primetime. (more…)
At time of writing, the University of Oxford, in collaboration with AstraZeneca plc, have announced data from Phase III trials showing that their candidate vaccine can indeed effectively prevent the disease, including an observed reduction in asymptomatic infections.
There are many reasons to be excited about these findings. The speed of development and testing is unprecedented. A large number of doses are already manufactured, with many more on their way. Then there is the fact that the temperature stability and low cost of this particular vaccine (in comparison to others under development) could mean that it can be rolled out to the developing world more effectively, and so possibly mark the beginning of the end for the devastating pandemic worldwide.
Of course, just as importantly, it provides an opportunity to consider the patentability of medical inventions relating to different dosage regimes at the European Patent Office (EPO). (more…)