News
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Clarity on G2/21 from the EPO Board of Appeal in T0116/18
10 January 2024Read more >Last year we reported here that the Enlarged Board of Appeal had established in G2/21 new guidance for determining when post‑published evidence can be relied upon to support an inventive step at the EPO. It was, however, unclear how this guidance would be applied going forward. The written decision of the Board of Appeal in […]
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Supreme Court judgement in Thaler v Comptroller-General
20 December 2023Read more >The UK Supreme Court have issued their judgement in Thaler v Comptroller-General thus bringing the DABUS saga to a close in the UK (for now…). Initial headline summary: *Appeal dismissed* (a) Does section 13(2)(a) of the Patents Act 1977 (the “1977 Act”) require a person to be named as the inventor in all cases, including […]
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“Gasteiner” as a reference to the “Gasteinertal mountain region” is not protectable as a trade mark for beverages
22 November 2023Read more >My latest comment on the decision of the Austrian Supreme Court of 22.11.2022 – 4 Ob 171/22, – “Gasteiner Energy Water” which will be published in GRUR-Prax – issue 22- on November 24, 2023, deals with the question of whether the sign “Gasteiner” can be registered as a trade mark for beverages. The Austrian Patent […]
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UK High Court patent decision regarding the patentability of AI
22 November 2023Read more >Yesterday, the High Court issued the first patent decision regarding the patentability of AI. The decision seems to have positive implications for the patentability of AI based inventions in the UK. The decision suggests that an Artificial Neural Network (ANN) is not necessarily excluded from patentability as a program for a computer. Both a trained […]
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EBA decides on the right to priority (G1/22 and G2/22)
20 October 2023Read more >The Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) issued a decision on 10 October 2023 in consolidated cases G1/22 and G2/22, dealing with two questions relating to the right to priority: Is the EPO competent to assess whether a party is entitled to claim priority under Article 87(1) EPC? If the […]
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EPO’s Deep Tech Finder
17 October 2023Read more >The European Patent Office (EPO) have recently released a new tool to help find investment-ready startups with European patent applications. By allowing other businesses as well as investors search for startups filing patent applications with the EPO, additional information regarding new technologies entering the market will become more widely available. This provides greater investment opportunities […]
