Exam success at Appleyard Lees
We are delighted to announce that Ellie Purnell has been awarded the Keith Farwell prize for the highest mark in the UK trade mark exam, P7. In addition to Ellie's success, Susan Nussey, Lyndsey Schofield and Sarah Appleyard have been awarded the CIPA Certificate in Patent Administration ... click here to read more.
Fast-Track Oppositions in the UK: The Proposals
The UK IPO has launched a consultation exercise proposing various changes and additions to the current Trade Mark Opposition system with the overall aim to seeking to make it quicker and cheaper for SMEs to defend their trade marks before the IPO by introducing a Fast-Track opposition procedure as an alternative to the normal opposition procedure.
Click here to read more.
World IP Day - 26th April 2013
World IP Day - click here for more information.
Spain throws a spanner in the works
Spain has filed two actions before the European Court of Justice challenging various Regulations connected with setting up the Unitary patent system. Click here to read more.
USPTO Fee changes
The USPTO are changing their fee schedule with effect from 19 March 2013. Click here for further details.
Appleyard Lees Growth Fund give seal of approval to polythene bag innovators
Joint inventors Simon Page and Kevin Winters are not short of innovative ideas, but protecting inventions carries a cost as the Blackpool pair found out. Click here to read their story.
UK Court of Appeal says Apple must make the position clear, and the position is ... click here to read full article.
Applepip - Biotechnology newsletter
Click here to view our latest edition.
Stem cells at the European and UK Patent Offices: Guidance on the patenting of human embryonic stem cells post Brustle
In the Brüstle judgment, handed down on 18 October 2011, the Court of Justice of the European Union (CJEU) ruled on the interpretation of the Biotechnology Directive with respect to the patentability of human embryonic stem cells. The CJEU ruled that any invention which requires the destruction of a human embryo was not patentable. This includes an invention whose implementation requires the use of an embryonic stem cell line, the establishment of which originally required the destruction of a human embryo. This judgment went one stage further than the interpretation by the European Patent Office (EPO) of the Enlarged Board of Appeal’s decision in the WARF case. The EPO had interpreted the WARF decision to mean that inventions which relied on embryonic stem cell lines are patentable; as long as the applications were filed after such stem cell lines were available. The EPO made this interpretation despite the fact that the embryonic stem cell lines themselves were derived from the destruction of an embryo. Click here to read more.
Samsung v Apple - the 'informed user' and the 'average consumer'
The United Kingdom has provided the first full judgement of this matter in Europe, and decided that Samsung's Galaxy Tab 10.1, Tab 8.9 and Tab 7.7 tablet computers do not infringe Apple's Community Registered Design (RCD 000181607-001) for the iPad. Click here to read more.
The UK IPO through the eyes of Appleyard Lees trainees
Appleyard Lees trainees James, Harrison and Ritchie recently took part in a trip to the UK IPO in Newport, organised by The Chartered Institute of Patent Attorneys. Click here to read more.
Appleyard Lees launches fund to help turn bright ideas into commercial success
Appleyard Lees, one of the North's leading firms of patent and trade mark attorneys, is launching a growth fund to help companies protect and nuture their innovative ideas and inventions. Click here to read more.
A diamond opportunity: make the most of the Jubilee
The Diamond Jubilee may be a unique opportunity in the lifetime of your business - after all it has only happened once before, back in 1897. Aside from the forecast lift in hospitality, travel, food and alcohol sales, any company with foresight and planning has the potential to boost its business in our celebration of the Queen's 60 year reign. So use the extra bank holiday to your business' benefit. Click here to read the full article.
British firms well ahead of their European neighbours
European Patent and Trade Mark Attorneys, Appleyard Lees, is delighted to report a near 35% increase in their Community Trade Mark (CTM) filings in 2011 . Out of the 80 firms listed in a report printed by the Institute of Trade Mark Attorneys (ITMA), the average increase was about 6%. British firms accounted for just over a third of the total of CTM filings, well in excess of the filings made by firms of any other European country. Click here to read more.
Protecting your Trade Mark registrations - lessons from Red Bull
The Court of Justice of the European Union (CJEU) has decided non-infringement of the Red Bull trade mark (Red BullTM on Case C-119/10 (Frisdranken Industrie Winters BV v Red Bull GmbH). To read the full article that briefly discusses the case and highlights the practical significance of the outcome, click here.
Patent Prosecution Highway
The UKIPO has recently announced a further agreement under the Patents Prosecution Highway scheme (PPH). The UKIPO will now be operating the scheme in cooperation with the German Patent and Trade Mark Office (DPMA). To read more, click here.
Update on the patentability of essentially biological processes
Further to the judgments in 2010 handed down by the Enlarged Board of Appeal (EBA) of the European Patent Office relating to patenability of essentially biological processes, a recent summary judgment in the Dutch Court of The Hague seeks to enforce the message of the EBA in the well known tomato and broccoli cases (G1/07 and G1/08). Click here to read more.
India's first Compulsory Licence granted for an anti-cancer drug
India is well known as a fast improving pharmaceutical powerhouse producing many medicinal products on a large scale. India's companies supply vast overseas and growing domestic healthcare requirements. Accordingly, the opportunities for both home and overseas market growth are ample and it has become a hotly competitive environment for generics and pharmaceutical giants alike. Click here to read more.
Branding and the Olympics: Bringing the Games to British Commerce
The London 2012 Olympics offers huge potential for global and national business development, as a real opportunity to showcase your brand this summer. But just as you safeguard your company's IP as one of your most valuable assets, so too are the Olympic, Paralympic and London 2012 brands strongly protected. Click here to read more.
Appleyard Lees Manchester moves office
The partners and staff at Appleyard Lees Manchester are pleased to announce their move to The Lexicon on Mount Street. Located opposite the Central Library with excellent views of the iconic Town Hall on Albert Square, the new office has much improved facilities for our staff, clients and visitors. Click here to read more.
Patent Box update
HM Treasury have created a presentation which explains how the Patent Box scheme will apply a reduced 10% corporation tax rate to profits attributable to patented inventions from April 2013. Read more here.
UK to exempt clinical trials from patent infringement
In some European countries, such as Germany, it is clear that a clinical trial using a patented drug is not an infringement of the patent protecting the drug. However, in the UK the position is clear for clinical trials of generic drugs but not as clear cut for new medical entities. To read the full article, click here.
Patent Box - The Latest
From 1st April 2013 the UK Government will apply a reduced 10% rate of corporation tax on profits attributed to patents
UK businesses will be able to benefit from the reduced rate regardless of how they use their patents. To qualify they will need to own a UK or European (EU) patent or patent from on of the other EU national patent regimes which are still to be agreed for inclusion in the scheme. To read the full article, click here.
European Court Rules on Supplementary Protection Certificates for Multivalent Vaccines
Supplementary Protection Certificates (SPCs) have been available in the European Union since 1992 for the purpose of extending the duration of patents for medicinal products. To read the full article, click here.
European Court rules on negative term Supplementary Protection Certificates (SPCs)
The Court of Justice of the European Union (CJEU) has now ruled on Case 125-10 which concerns negative term SPCs. Negative term SPCs appear to be a strange concept, however, when considered with paediatric extensions they can have commercial value. For the full article, click here.
At a time when many competitors are scaling back, Appleyard Lees is continuing to recruit at all levels, to ensure that it can maintain its excellent reputation for client service. Click here to read full story.
UK Supreme Court overrules Court of Appeal in Biotechnology case
The Supreme Court has ruled on its first biotechnology case, following the replacement of the House of Lords with the UK Supreme Court. In what some consider a surprising decision, the Court overturned the decision of the Court of Appeal which had maintained the first instance decision in the Patents Court. This case relates to a granted patent directed to neurocrine-α, a cytokine which is a member of the tumour necrosis factor alpha (TNF--α) super family. The decision dealt with the requirement for industrial applicability and sufficiency for biotechnology inventions. For more information, click here.
Another decision on Software Patents in the UK - Protecting Kids The World Over (PKTWO) Limited
On 26 October Mr Justice Floyd (Patents Court, England and Wales) delivered another blow to the UKIPO and their overly broad construction of the “program for a computer”/”mental act” exclusions to patentability under Section 1(2) of the UK Patents Act 1977. This latest decision follows quickly after a similar decision in Halliburton Energy Inc’s patent, as reported below. For more information, click here.
Software Patents in the UK - Halliburton Energy Inc's Patent
On 6th October 2011, Richard Davies (Barrister) of Hogarth Chambers gave early notice of an interesting decision on the patentability of software-related inventions in the UK. Here, Ian Robinson our Head of Electronics, explains more.
3D printers - The technology of choice for creators of IPR or infringers?
The benefits of rapid prototyping and 3D scanning and printing technology are obvious. With the right scanning and 3D printing kit it is possible to copy an object at a touch of a button. Whilst this technology can help inventors/companies to design and prototype products quickly and efficiently, it also opens up a whole host of issues should a competitor copy a finished product as a stepping stone to production of a marketable reproduction. For more information click here.
The long awaited reforms to the US patent law (The 'America Invents Act') were passed by the Senate on 8 September 2011 and have now been signed into law by President Obama. For more information, click here.
Appleyard Lees rated 'Leading Firm' by Legal 500 2011
The Legal 500 2011 has rated European Patent and Trade Mark Attorneys, Appleyard Lees, a 'Leading Firm' in the Patent and Trade Mark Attorneys: The Regions. Click here to read more.
UK signs key international protocol designed to address biopiracy
In June 2011, the United Kingdom signed the Nagoya Protocol. The 'Nagoya Protocol on access to genetic resources and the fair and equitable sharing of benefits arising from their utilisation' is a framework agreement for implementing one of the objectives of The Convention on Biological Diversity (CBD). To read more, click here.
Appleyard Lees continues to strengthen its team
Appleyard Lees has expanded its team with the appointment of trade mark attorney, Heather Williams. Click here to read more.
Appleyard Lees boosts Electronics and Chemical teams
Appleyard Lees has appointed Harrison Chang and James Myatt as trainees in their Electronic and Chemical teams respectively. Click here to read more.
Kyoto University get first European Patent directed to induced pluripotent stem cells
Stem cells have the capacity to develop into any cell type of the body and therefore, human stem cells have a great deal of potential in the treatment of human diseases. In the future, medical researchers anticipate being able to use technologies derived from stem cell research to treat a wider variety of diseases including cancer, Parkinson's disease, spinal cord injuries, Amyotrophic lateral sclerosis, multiple sclerosis, and muscle damage, amongst a number of other impairments and conditions. Click here to read the full article.
Vince Cable, Secretary of State for Business, Innovation and Skills, has announced significant reforms to the UK copyright laws to bring the laws more in-line with the digital age. These reforms are in response to the report prepared for the government by Professor Hargreaves ‘Digital Opportunity: A review of intellectual property and growth’ which was published in May 2011. Click here to read the full article.
The long sought after single European patent, which can offer Applicants protection in all countries of the European Union, looks like it may be a step closer after 25 of the 27 member states agreed on a language regime designating English, French and German as the official languages of the scheme. This would significantly reduce translation costs, which currently account for a large part of the total cost involved in seeking pan-European protection. Click here to read more.
Here at Appleyard Lees we are sometimes asked about possible issues connected with filing European Patent Applications from US provisional applications. Patent Attorney and Partner, Ian Robinson, offers some advice - click here to read more.
UK Trade and Invest (UKTI) has developed a programme which offers up to £3,000 in funding to assist hi-tech businesses in the North West to break into overseas markets.
Click here to read more.
From the 1 June until 31 December 2011, anyone will have the opportunity to submit comments on patent applications in the pilot field of computer technology that are undergoing examination at the UKIPO using the Peer to Patent Review.
Click here to read more.
The short answer is to give Appleyard Lees a call and we’ll guide you through the process but knowing the following may help you.
There are only 3 organisations who hold official trade mark registers covering the UK. Click here to read more.
The use of human stem cells in research has always been controversial because they are usually sourced from a portion of the human embryo and because they are fundamental cells which have the ability to develop into any cell of the human body. Click here to read more.
Speaking at the recent Appleyard Lees' seminar His Honour Judge Colin Birss QC said he would be happy to bring the Patents County Court (PCC) to Manchester and could see good reasons for doing so. Click here to read more.
We are delighted to announce that Jennifer Delaney will become a Partner in the firm from 1st April 2011. Jennifer specialises in chemical patent matters and has been with the firm for 7 years.
In addition, the following members of staff have been promoted to Senior Associates of the firm: Andrew Fearnside, Paul Misselbrook, Nicola Thompson and Philip French. Click here
HHJ Birss QC has delivered judgement in relation to the first trial conducted under the new procedural scheme in the Patents County Court (PCC). Click here
We are pleased to announce that our Chemical and Biochemical team has acquired the services and practice of Pippa Allen as a consultant. Click here
Every active company generates Intellectual Property Rights (IPRs). Setting out a practical, cost-effective plan for capturing and protecting a company's patents, designs, trade marks, copyright and know-how it is an important, and often vital first step. Click here
Aimed at inspiring potential entrepreneurs to pursue their ideas, to create jobs and to build global ambition among young people and business owners alike, the annual Global Entrepreneurship Week took place on 15-21 November 2010. Click here
Prime Minister, David Cameron, has announced an independent 6 month review of the UK’s Intellectual Property system. Click here
According the Chinese Patent Office, the number of accumulated foreign originating patent applications reached 1 million in September 2010. Click here
The race is on to nominate candidates for the European Inventor Award 2011 which is presented by the European Patent Office and European Commission. Click here
The Strategic Advisory Board for Intellectual Property Policy (SABIP) - an arm's length body reporting to the Department of Business, Innovation and Skills in relation to IP policy is to be dissolved. Click here
Appleyard Lees has opened new office facilities in The Hague, Netherlands and Munich, Germany close to the two main sites of the European Patent Office (EPO). Click here
As we reported in a recent news item the European Patent Office (EPO) Enlarged Board of Appeal, in its decision G2/08, decided that the Swiss-type format for claiming medical uses would no longer be accepted. Click here
We are pleased to announce that our Chemical and Biochemical team has been strengthened by the appointment of Philip French as Head of Biotechnology. Click here
Appleyard Lees was interviewed recently by the Yorkshire Business Insider magazine, for an article relating to the Chinese economy. Click here
Solaqua Limited, a client of Appleyard Lees, has won an award at the "Best of British Innovation 2010", a competition that took place at Oxford University Venturefest. Click here
It has recently been announced that the Office for the Harmonisation of the Internal Market (OHIM) is in the process of electing a new President, Vice-President and President of the Boards of Appeal. Click here
An important decision has confirmed the current legal position concerning software patents in Europe. Click here
Appleyard Lees is appearing at the North of England's largest annual event dedicated to electronics and manufacturing. The event is taking place at The Reebok Stadium, Bolton on 5-6 May 2010. Click here
Yorkshire Forced Rhubarb has been granted Protected Designation of Origin (PDO) status under the EU's system for protected food names. Click here
Companies with a range of own brands/trade marks will often (but not always) have good knowledge and experience of the registered trade mark system for protecting these brands. However, many single-brand companies, whose Company Name is perhaps their sole brand/trade mark, understandably believe they have done enough to protect the Company Name as a trade mark by registering their Company Name at Companies House. Click here
Congratulations are again due to Mike Holmes, who has followed up his prize in the 2008 patent attorney qualification exams by scoring the highest mark achieved in the recent Advanced United Kingdom Trade Mark Law and Practice exam. Click here