The IPKat BLOG – Page 158

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Can amending the description to summarize the prior art add matter to the patent application as filed? (T 0471/20)

http://ipkitten.blogspot.com/2022/01/can-amending-description-to-summarize.html The EPO Guidelines for Examination require the description of a patent application to summarise the background art (F-II-4.3). This requirement usually manifests with a request from the Examiner for the description to be amended to identify the closest prior art. In contrast to other types of description amendment, amending the... Continue reading
In: The IPKat BLOG

3D trade marks return to equilibrium? The end of the Gömböc saga

http://ipkitten.blogspot.com/2022/01/3d-trade-marks-return-to-equilibrium.html Former Guest Kat Peter Ling has not forgotten the ole’ Kat. This time, he reports on the end of the Gömböc-trade mark registration dispute, as the Supreme Court of Hungary has now spoken. In 2020, upon referral by the Supreme Court of Hungary (Kúria), the CJEU issued a leading... Continue reading
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It’s about time to give the music producer her/his copyright due

http://ipkitten.blogspot.com/2022/01/its-about-time-to-give-music-producer.html Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. Every songwriting process is a different story. You can get a closer look at it by watching ‘Diary of a song’ by The... Continue reading
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Around the IP Blogs

http://ipkitten.blogspot.com/2022/01/around-ip-blogs.html We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including... Continue reading
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How long is too long? The James Bond theme

http://ipkitten.blogspot.com/2021/12/how-long-is-too-long-james-bond-theme_31.html In light of the release of the latest movie in the series, Merpel wonders whether the James Bond theme is too long to be registered as a sound mark. This question was addressed in a decision issued early this year by the Fifth Board of Appeal (BoA) of the European Union Intellectual... Continue reading
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EPO consults on patent grace periods (again)

http://ipkitten.blogspot.com/2021/12/epo-consults-on-patent-grace-periods.html The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 (EPO press release). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2021/12/never-too-late-if-you-missed-ipkat-last_30.html 2021 was certainly a wild ride, but this ride isn’t over just yet. Meanwhile, check the latest news from the IPKat before opening the doors to 2022. Copyright This Kat is counting the minutes for 2022 The Rt Hon Sir Richard Arnold, Judge of the Court of Appeal of... Continue reading
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European Commission publishes the evaluation results for the GI and TSG reform

http://ipkitten.blogspot.com/2021/12/european-commission-publishes.html Just before closing down for Christmas, the European Commission published the “Evaluation on geographical indications (GIs) and traditional specialities guaranteed (TSGs) protection in the EU” [to download the evaluation, click here and scroll down to the bottom of the page]. The evaluation is the penultimate step in the revision... Continue reading
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EU enforcement of IPRs: the DG TAXUD and EUIPO’s joint report

http://ipkitten.blogspot.com/2021/12/eu-enforcement-of-iprs-dg-taxud-and.html The European Commission’s Directorate-General for Taxation and Customs Union (DG TAXUD) and the European Union Intellectual Property Office (EUIPO) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020. The report Previously, the... Continue reading
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The IPKat EPO Boards of Appeal (BA) Year in Review 2021

http://ipkitten.blogspot.com/2021/12/the-ipkat-epo-boards-of-appeal-ba-year.html Following on from our IPKat EBA 2021 Year in Review, here is some more festive holiday reading on some of the important decisions to come out of the EPO Boards of Appeal this year. 2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for... Continue reading