In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/is-community-design-little-sister-of.html The Court of Justice of the EU (‘CJEU’) found in its Cofemel judgment (case C-683/17, IPKat here) that the protection of designs, on the one hand, and copyright protection, on the other, pursue fundamentally different objectives and are subject to distinct rules. As the Advocate General observed, […], the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/never-too-late-if-you-missed-ipkat-last_12.html If you had a busy week or were away on holiday, no worries! Join this Kat for a quick weekly catch-up. Patents Rose Hughes analysed T 1057/22 concerning the second medical use of a fish oil and juice emulsion to treat cancer. The patentee’s (SmartFish) claim covered the therapeutic... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/guestpost-upc-hague-local-division-says.html What is a “plant” for the purposes of patent law? The answer depends: in the United States, for example, fungi and macroalgae are considered “plants” under the Plant Patent Act of 1930. The latest answer to this question has come from the Hague Local Division of the Unified Patent... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/guestpost-court-of-appeals-latest-ai.html The IPKat is ready for your answersin our AI survey What inventions are deserving of patent protection? This is the question that has percolated through the London patent ranks following the recent Court of Appeal decision in Comptroller – General of Patents, Designs and Trade Marks v Emotional Perception AI... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/upckat-revisiting-lessons-from-first-ex.html The UPCKat on its way to enforcesome orders… As part of our UPCKat reporting on the latest UPC developments, the IPKat continues its series of reports that analyze the development of preliminary injunction case law from the UPC. With our guest UPCKat team in the form of guest UPCKats... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/fishy-evidence-do-we-have-right.html T 1057/22 related to a patent for the use of a rather unappetizing sounding fish oil and juice emulsion (“fish juice”) to treat cancer. This Kat confesses that her interest in this case was primarily piqued by the oddness of the subject matter. Fish juice to treat cancer seems a rather unpromising starting point... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/ag-campos-sanchez-bordona-opines-that.html In a rare annulment action on geographical indications (GI), the Court of Justice of the European Union (CJEU) is set to decide on the scope of European Commission’s competences when examining GI applications (case C-579/23 P). Advocate General (AG) Campos Sánchez-Bordona has recently delivered his Opinion in the case. ... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/never-too-late-if-you-missed-ipkat-last.html It was a busy week on The IPKat! If you could not keep up, then join this Kat in catching up with a summary of what you missed (hopefully while sunbathing at the beach). Geographical Indications and Unfair Competition Anastasiia Kyrylenko reported on the recent opinion of Advocate General (AG) Campos Sánchez-Bordona regarding... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/new-uspto-guidance-on-use-of-ai-in.html The USPTO recently issued Guidance on the patentability of AI. In the US, claims directed solely to a “judicial exception”, in the form of an abstract idea, natural phenomena, or law of nature, are not eligible for patent protection (35 U.S.C. 101). However, the case law on subject matter eligibility is infamously... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2024/08/sunday-surprises.html The IPKat would take the IPFed job – but for the urge to nap during meetings As the heat starts to ratchet down in London, and the activity levels of those with fur coats start to ratchet up, the IPKat brings you a collection of news from the IP world. ... Continue reading
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