The IPKat BLOG – Page 12

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Epitope claims stand firm: Board of Appeal upholds functional antibody patent despite insufficiency attack (T 0326/22)

http://ipkitten.blogspot.com/2025/01/epitope-claims-stand-firm-board-of.html The recent Board of Appeal decision T 0326/22 is yet further confirmation, if any were needed, that functionally-defined antibody claims remain viable at the EPO. In this decision, the Board of Appeal upheld Inhibrx’s European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and... Continue reading
In: The IPKat BLOG

Saturday Sundries

http://ipkitten.blogspot.com/2025/01/saturday-sundries.html It’s a new year and a fresh start to IP news, events and opportunities. IPKat reminders Katcall: Openings for GuestKats and InternKats! The deadline for submissions to the openings for GuestKat and InternKat positions (as announced here) is approaching. Those interested must submit their complete applications no later than... Continue reading
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Voting Reminder: IPKat Book of the Year Awards 2024

http://ipkitten.blogspot.com/2025/01/voting-reminder-ipkat-book-of-year.html The deadline to cast your vote is fast approaching! Don’t miss your chance to participate in the IPKat Book of the Year Awards 2024. Rules of VotingTo cast your vote, fill in the form available here.Only books published in 2024 are eligible for the award.Please remember that, just as... Continue reading
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IP Federation urges UPC Court of Appeal to protect in-house counsel’s rights of representation in Judge Grabinski letter

http://ipkitten.blogspot.com/2025/01/ip-federation-urges-upc-court-of-appeal.html Yesterday, the IP Federation – the UK’s oldest and most-prominent IP-intensive industry organization – sent a letter to Judge Grabinski (the Unified Patent Court’s Court of Appeal presiding judge) urging that the UPC Court of Appeal not establish a blanket prohibition on in-house counsel acting as representatives in the... Continue reading
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GuestPost: A referral broadened? To have one’s cake, to eat it…or not yet to get it (G 1/24)

http://ipkitten.blogspot.com/2025/01/guestpost-referral-broadened-to-have.html The referral to the Enlarged Board of Appeal in G1/24 is one of the most closely watched referrals of recent times (IPKat). The referral will address a question relevant to every European patent application, namely how should the claims be interpreted? Unsurprisingly, the amicus curiae have been flooding in... Continue reading
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A more nuanced approach to the evidence standard for prior use (T 1311/21)

http://ipkitten.blogspot.com/2025/01/a-more-nuanced-approach-to-evidence.html The decision of the EPO Board of Appeal in T 1311/21 provides important guidance on evaluating standards of proof in cases of alleged prior use. The Board of Appeal suggests that there should be a nuanced approach to assessing this evidence, that moves beyond the traditional binary choice between... Continue reading
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Board of Appeal finds that human/pig chimeras are a risk to human dignity (T 1553/22)

http://ipkitten.blogspot.com/2025/01/board-of-appeal-finds-that-humanpig.html A recent EPO Board of Appeal decision considered the patentability of human-animal chimeras and where the line should be drawn on moral acceptability (T 1553/22). The Board of Appeal found that the invention in question was an offence against “human dignity” given that the scope of the claims included... Continue reading
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Never Too Late: If you missed the IPKat last week!

http://ipkitten.blogspot.com/2025/01/never-too-late-if-you-missed-ipkat-last_14.html Another eventful week in the world of IP, and this Kat is here to keep you updated with the latest from The IPKat. Trade marks and Plant Varieties Marcel Pemsel reviewed a recent decision of the General Court concerning the visual similarity between Armani’s well-known eagle-shaped logo and a... Continue reading
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Book Review: Research Handbook on Intellectual Property Rights and Arbitration

http://ipkitten.blogspot.com/2025/01/book-review-research-handbook-on.html This Kat is back from her Christmas break, where she enjoyed a recent addition to her library: “Research Handbook on Intellectual Property Rights and Arbitration”, edited by Simon Klopschinski and Mary-Rosy McGuire (Edward Elgar, 2024). The book, which consists of 31 chapters divided into three parts, focuses on arbitration... Continue reading
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Red Cross stops use of red cross on book cover

http://ipkitten.blogspot.com/2025/01/red-cross-stops-use-of-red-cross-on.html It is certainly enticing to use a famous trade mark on a book cover in order to make it appealing and promote the book. What could go wrong when doing so is shown in a recent decision from the Higher Regional Court of Hamburg. The case dealt with the... Continue reading