In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/the-ipkat-epo-boards-of-appeal-year-in.html PatKat reviewing the year It is time once more for the IPKat patent year in review! Pour yourself a glass of mulled wine, curl up with your favourite feline and catch-up on your EPO case law. G2/21 and the mysteries of plausibility The topic that this Kat has spent the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/basic-ip-fundamentals-recent-survey.html On 30 November 2023, the Center for Intellectual Property Understanding (CIPU) published the findings of a survey on “Intellectual Property Principle – What the IP Community regards as important” (executive summary and slides). The survey was conducted by response:AI, an independent market research firm. The survey The survey... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/after-swedes-its-time-for-germans-to.html At what conditions can works of applied art be protected by copyright under EU law? If this question feels like déjà-vu, it is because it is. Indeed, it was only some weeks ago that the Svea hovrätt, Patent- och marknadsöverdomstolen (Sweden) made a referral (Mio, C-580/23) [IPKat here and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/court-of-appeal-of-england-and-wales.html In a recent decision ([2023] EWCA Civ 1451) which is relevant to all trade mark practitioners, the Court of Appeal of England and Wales (the Court) has departed from EU case-law and held that the defence of statutory acquiescence, in respect of UK trade mark infringement, only requires that the owner... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/crystallising-interpretation-of-g-221-t.html The Board of Appeal in T 1989/19 provides further guidance on the interpretation of the Enlarged Board of Appeal decision G2/21. The reasoning in T 1989/19 is aligned with the interpretation recently taken by the referring Board to G2/21 (IPKat). In short, to be relied on for inventive step, a purported technical effect must be encompassed by... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/breaking-news-uk-supreme-court-confirms.html The UK Supreme Court has today handed down its decision Thaler v Comptroller [2023] UKSC 49. The judgment under appeal by the Court of Appeal was reported here. In a short judgment, the Supreme Court agrees with the majority in the Court of Appeal and rejects the appeal from... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/guest-post-bad-bunny-shoo-shooes-anyone.html The issues with AI-generated content and AI clones are certainly not going away any time soon. The latest concerns Porto Rican sensation Bad Bunny, as Katfriend Despoina Dimitrakopoulou (Plug and Play Tech Center) explains. Over to Despoina: Bad Bunny shoo shooes anyone liking AI-generated song replicating his style and... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/unambiguous-disclosure-without-patent.html US patent attorneys wishing to understand certain peculiarities of European patent drafting need look no further than the recent Board of Appeal decision in T 2171/21. This case is a textbook example of the EPO’s strict approach to added matter. The decision highlights the inadequacy of mere lists of various features for satisfying... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/some-scope-of-protection-please.html This Kat reported here on the narrowing scope of protection of lowly distinctive marks. While they were overprotected in the past, it seems that the pendulum has swung too far in the direction of underprotection. A recent decision from the EUIPO’s Board of Appeal (‘BoA’) seems to confirm this... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2023/12/never-too-late-if-you-missed-ipkat-last_18.html Some interesting news items were posted on the IPKat blog in the second week of December: check out their summaries below to find your way to the full posts. Image: flickr.com Decisions Anastasiia Kyrylenko considered the General Court’s decision confirming the validity of two 3D trade marks owned by... Continue reading
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