In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-benefits-and-pitfalls-of-drug.html The Board of Appeal decision in T 2543/22 relates to a manufacturing method for preparing a therapeutic peptide. The Board of Appeal found that whilst various methods were known, the skilled person would not have had a reasonable expectation of success in applying them to produce the specific claimed... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/the-description-of-patent-should-always.html The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott (UPC_CFI_230/2023), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. Claim interpretation is the subject of the highly anticipated referral... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/abbott-v-sinocare-3d-mark-for-glucose.html 3D trade marks that do not feature another trade mark on them often have a tough time before registries and courts in Europe. This is because case law requires that to benefit from the temporally unlimited protection a trade mark brings, the shape itself must indicate origin. The judgment... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/a-single-piece-of-us-copyright-are-ai.html On 30 January 2025, the US Copyright Office (USCO) registered A Single Piece of American Cheese, a visual material generated by Invoke AI and with a technique called “inpainting”. Initially rejected in September 2024, the application was reconsidered after the applicant argued that the work involved sufficient human creativity.... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/guest-post-uks-ai-and-copyright.html The IPKat has received and is pleased to host the following commentary from Katfriends Adrian Aronsson-Storrier and Sam Berriman (both Lewis Silkin LLP), pondering on the implications of a potential UK reform of the existing text and data analysis defence in section 29A CDPA and tackling what is often an overlooked... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/never-too-late-if-you-missed-ipkat-last_17.html Didn’t catch the latest in IP news last week? Don’t worry, here’s your chance to catch up on everything you might have missed! Patents Rose Hughes highlighted the EBA’s preliminary opinion in referral G1/24, which addresses the role of the description in claim interpretation. The EBA found Questions 1... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/is-ferraris-testarossa-trade-mark-up.html In the SIMCA decision (case T-327/12), the General Court found that the third-party application for a formerly famous trade mark that is still registered but has not been used for decades constitutes bad faith if the applicant intends to take advantage of the remaining reputation. This judgment begs the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/dutch-court-holds-that-tdm-opt-out-must.html In a recent decision (ECLI:NL:RBAMS:2024:6563) on the application of the EU’s text and data (TDM) mining (TDM) exception in respect of RSS feeds, which may also be relevant to AI, the Amsterdam District Court (the Court) held that an opt-out from the TDM exception pursuant to the the Dutch transposition... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/friday-fantasies.html As the IPKat gazes out the window at the first hints of spring peeking through the winter gloom, she couldn’t help but purr with excitement at the flurry of upcoming IP-related events and opportunities. IP Events Are your weekends empty without a discussion of AI and IP? Do not... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2025/02/ipkat-book-of-year-awards-2024-winners.html After much anticipation, we are ready to announce this year’s winners of the IPKat Book of the Year Awards! Best Patent Book Terrell on the Law of Patents, 20th edition Sweet & Maxwell by Andrew Waugh KC, Douglas Campbell KC, Tim Austen, Tom Hinchliffe KC, Tom Mitcheson KC (reviewed by... Continue reading
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