• UPOV welcomes its 80th member: Nigeria

    http://ipkitten.blogspot.com/2025/03/upov-welcomes-its-80th-member-nigeria.html Following the announcement earlier this month that Nigeria would join the International Union for the Protection of New Varieties of Plants (UPOV), Nigeria’s accession to the treaty took effect today. This brings the UPOV membership to a total of 80: two intergovernmental organisations (the EU and the African Intellectual... Continue reading

     
  • G 2/21 applied to software inventions (T 0687/22)

    http://ipkitten.blogspot.com/2025/03/g-221-applied-to-software-inventions-t.html The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in T 0687/22 links the case law from G 1/19 and G 2/21 to highlight the importance of establishing a credible technical effect of software invention. The Patentee in the case made several attempts to formulate an objective... Continue reading

     
  • [Guest book review] The Handbook of Fashion Law (with a discount code)

    http://ipkitten.blogspot.com/2025/03/guest-book-review-handbook-of-fashion.html The IPKat has received and is pleased to host the review of “The Handbook of Fashion Law” (eds. Eleonora Rosati and Irene Calboli, 2025, OUP). This book review has been prepared by Spyros Sipetas, PhD candidate at the Stockholm University. Here’s what Spyros writes: The cover image portrays a... Continue reading

     
  • UKIPO tells TfL to mind GAP in partial trade mark refusal for bad faith

    http://ipkitten.blogspot.com/2025/03/ukipo-tells-tfl-to-mind-gap-in-partial.html In a recent decision (O/1219/24) regarding an attempt by Transport for London (TfL) to register the slogan MIND THE GAP as a UK trade mark (UKTM), the UK Intellectual Property Office (the UKIPO) issued a partial refusal of TfL’s application on the grounds of bad faith, based on contractual terms... 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_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