• Never Too Late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last_25.html Here is the weekly recap of what you might have missed! Patents Rose Hughes explained cell therapies and their unique challenges in the pharmaceutical marketplace. She also provided insights regarding loss of exclusivity. Katfriend Adanna Onah analyzed the decision of the Court of Appeal of England and Wales in... Continue reading

     
  • How many lawyers does it take to change a light bulb?

    http://ipkitten.blogspot.com/2025/03/how-many-lawyers-does-it-take-to-change.html There are quite a few punch lines to this question, sadly none has been mentioned in a recent judgment from the General Court involving the design of a light bulb and the interpretation of Art. 7(2) Community Design Regulation (‘CDR’). According to this provision certain acts of disclosure will... Continue reading

     
  • Monday Miscellany

    http://ipkitten.blogspot.com/2025/03/monday-miscellany.html Another week, another round up of what’s going on at the moment! Super kids Seven-year-old named Callie from Manchester won the Kids Invent Stuff and Taskmaster Education Competition supported by the UK’s Intellectual Property Office. The competition coincided with Science Week and involved 1,600 inventors aged 4-11 creating solutions... Continue reading

     
  • Has green-and-orange combination acquired distinctiveness for agricultural machines? No, says the EUIPO

    http://ipkitten.blogspot.com/2025/03/has-green-and-orange-combination.html Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO, refused the registration of a colour combination for “agricultural machines and implements, namely field sprayers” in Class 7 of the Nice Classification due to the absence of sufficient evidence demonstrating acquired distinctiveness through use under Article 7(3)... Continue reading

     
  • Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)

    http://ipkitten.blogspot.com/2025/03/excluding-technical-feature-is-not.html The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that... Continue reading

     
  • Securing market protection for cell therapies: Patents versus regulatory exclusivity

    http://ipkitten.blogspot.com/2025/03/securing-market-protection-for-cell.html Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies nonetheless face unique challenges in the pharmaceutical marketplace. One of these challenges is ensuring that the IP strategy for a cell therapy will secure return of investment for the product. For investors and... Continue reading

     
  • US Court of Appeal confirms human authorship requirement, including for AI

    http://ipkitten.blogspot.com/2025/03/us-court-of-appeal-confirms-human.html A Recent Entrance to Paradise Can a work that is presented as being entirely AI-generated receive protection under copyright law? The answer, unsurprisingly, is ‘no’. Earlier this week, the US Court of Appeal for the District of Columbia Circuit upheld all previous decisions that had refused to accept copyright... Continue reading

     
  • Apple variety infringement ruling sees record-breaking amount of damages in China

    http://ipkitten.blogspot.com/2025/03/apple-variety-infringement-ruling-sees.html The Supreme People’s Court has confirmed that a New Zealand company was entitled to a record amount of compensation for the unauthorised plantings and sale of its ‘Scilate’ apple variety in China. The Court awarded RMB 3.3 million (£319,000) in damages along with an order that the defendant destroy all... Continue reading

     
  • Never Too Late: If you missed the IPKat last week!

    http://ipkitten.blogspot.com/2025/03/never-too-late-if-you-missed-ipkat-last_19.html Missed the Week’s IP Insights? Here’s a Quick Recap! Patents Rose Hughes discussed the importance of meticulous documentation in securing and defending intellectual property rights, highlighting how detailed records can be crucial in legal disputes. Rose Hughes examined the Unified Patent Court’s (UPC) evolving approach to added matter and... Continue reading

     
  • [GuestPost] Mending fences or moving goalposts? The fine line of patent amendments in Ensygnia v Shell

    http://ipkitten.blogspot.com/2025/03/guestpost-mending-fences-or-moving.html The IPKat has received and is pleased to host the following guest contribution by Katfriend Adanna Onah on a recent UK Court of Appeal decision concerning patent amendments and the limits of post-grant claim scope adjustments. Here’s what Adanna writes: The Court of Appeal’s decision in Ensygnia IP Ltd... Continue reading