What do you do if, before you have obtained a granted patent, a third party starts selling a product that looks like your invention? Is there anything you can do to stop the third party? Does your patent application provide you with any rights before the patent is granted? Parminder Lally and Simon Ambroz answer these questions.
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In this episode, Appleyard Lees partner, David Walsh, is joined by Tom Dews, a Patent Box specialist and corporate tax partner based in the Leeds office of leading audit, tax and consulting firm, RSM UK.
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It is possible to patent computer-implemented inventions at the European Patent Office (EPO). In particular, it is possible to patent computer-implemented inventions (CIIs) which function in the real-world.
Read more Updated Examination Guidelines published by the EPO in March 2021 include stricter requirements for making a patent description consistent with amended claims. We discuss the knock-on effect this new approach may have in subsequent patent disputes.
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Indian patent law requires all patentees to file an annual Statement of Working, by means of a Form 27. This Statement sets out the extent to which the patented invention has been worked (or not) on a commercial scale in India.
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In a case of British “David” v. US “Goliath”, Ironburg v. Valve demonstrates the value for UK based companies to pursue a global patent strategy to protect their innovation overseas, particularly those in the gaming industry for which the US is a major market.
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Appleyard Lees acted for the operator of an ecommerce website which successfully defended a High Court claim for trade mark infringement brought by its international suppliers, in one of the first trials held in the Intellectual Property & Enterprise Court remotely during the Coronavirus pandemic. The client recovered its legal costs in full up to the IPEC costs cap.
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In one of the last IP rulings before Brexit, the Intellectual Property Enterprise Court (the IPEC) recently handed down its judgment in Rothy’s Inc v Giesswein Walkwaren AG [2020] EWHC 3391 (IPEC) finding that Rothy’s Inc’s (the claimant) Registered Community Design (RCD) in relation to a shoe depicting a Pointed Loafer was valid and infringed by Giesswein Walkwaren AG (the defendant).
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The revised Rules of Procedure of the Boards of Appeal (RPBA 2020) came into force on 1 January 2020. One of the revised rules covered ‘remittal’ – the practice of a Board of Appeal sending the case back to the department of first instance (the Opposition Division for oppositions) to continue examination.
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In oppositions and appeals at the European Patent Office (EPO), oral proceedings may be the final opportunity for a party to present submissions before an adverse decision is announced.
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Many of us are familiar with binge-watching TV series on Netflix, but few of us are familiar with Netflix’s vast intellectual property (IP) portfolio. We take a look at Netflix’s IP story in this article, which contains as many twists and turns as one of its original dramas.
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