In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_26.html Here is what you might have missed from the latest at The IPKat! Patents Rose Hughes analyzed DexCom v Abbott (UPC_CFI_230/2023), the first substantive decision of the Paris Local Division of the Unified Patent Court (UPC) on patent validity. The case clarifies how much the description should be taken... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-uk-spcs-clinging-to-nurse-or.html The recent English Court of Appeal decision in Merck Serono SA v Comptroller-General of Patents, Designs, and Trade Marks [2025] EWCA Civ 45 (28 January 2025) was a significant moment for the UK’s post-Brexit approach to Supplementary Protection Certificates (SPCs). Despite hopes that the UK might chart its own... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/review-of-ai-patent-drafting-software.html LLMs will undeniably have a major impact on the legal industry, but are any of these tools suitable for the pharma and biotech industry? PatKat has decided to take a look to see if any of currently available tools can assist with patent drafting for life sciences. As a... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-afe-babalola-dele-farotimi.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/monday-miscellany.html Another working week is kicking off and, as usual, it’s time to catch up with the latest news and opportunities from the IP world. Events ALAI 2025 Congress (Opatija, Croatia, 9-11 October 2025) The Association Litteraire et Artistique Internationale (ALAI) has announced that its next Annual Congress will be... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/red-flags-and-red-lines-important-but.html Position marks are an intriguing type of sign because they do not only consist of the sign itself but also its particular placement on the product (Art. 3(3)(d) EUTMIR). Two recent decisions from the General Court (here and here) deal with the question of distinctiveness of rather simple types... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-afe-babalola-dele-farotimi.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Seun Lari-Williams (University of Antwerp) on the ongoing legal battle between Chief Afe Babalola and Dele Farotimi, which raises the question whether it might be appropriate to seek copyright royalties as a remedy for... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-benefits-and-pitfalls-of-drug.html The Board of Appeal decision in T 2543/22 relates to a manufacturing method for preparing a therapeutic peptide. The Board of Appeal found that whilst various methods were known, the skilled person would not have had a reasonable expectation of success in applying them to produce the specific claimed... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-description-of-patent-should-always.html The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott (UPC_CFI_230/2023), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. Claim interpretation is the subject of the highly anticipated referral... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/abbott-v-sinocare-3d-mark-for-glucose.html 3D trade marks that do not feature another trade mark on them often have a tough time before registries and courts in Europe. This is because case law requires that to benefit from the temporally unlimited protection a trade mark brings, the shape itself must indicate origin. The judgment... Continue reading
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