European IP

Food and Drink

Fad or future? The rise of plant-based food products in the meat, egg and dairy industry

This article explores some recent innovations in plant-based food technology that have enabled significant expansion and improvement of plant-based food products currently available on the market.

News

"Innovative, direct and pragmatic” with "an impressive global footprint" - Kilburn & Strode maintains top tier ranking in WTR 1000 2023

Kilburn & Strode is proud to be ranked as a top-tier firm in this year’s World Trademark Review 1000.

Food and Drink

Turning up the heat: Sustainability & branding in the F&D sector

Sustainability is becoming more critical for businesses across all markets, nowhere more so than in Food & Drink. But what are the challenges in branding innovative products which are sustainable?

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry – Lucky Saint

About to embark on a Dry January? Or just newly resolved to cut back a bit this year? We’re delighted to talk to Luke Boase and Emma Heal of alcohol-free lager brand Lucky Saint

Case law

Colour cohesion: the secret to registering your alcohol bottle shapes?

This article explores Swedish vodka giant The Absolut Company’s successful appeal to register one of their bottles as a 3D shape mark at the EUIPO.

Thoughts

The most revolutionary invention in sport - A Sailor’s View

When looking at the technology currently in the sport of sailing, one would imagine that it is now that the most revolutionary boating inventions are being made. We’d counter that by suggesting lookin...

Thoughts

Take 10: German Utility Models – the killer IPR in Europe

The new Unitary Patent is being lauded as the new killer Intellectual Property Right (IPR) in Europe. However, there is one IPR in Europe that is too often overlooked. Instead, it has quietly been doi...

News

News on plausibility at the EPO: G2/21 Oral Proceedings

Oral Proceedings for G2/21 were held on 24 November 2022 before the Enlarged Board of Appeal to discuss plausibility and the admissibility of post-published evidence in proceedings before the EPO.

News

ViCo is go at the EPO

Following significant positive feedback, the EPO has confirmed that video conferencing (ViCo) is here to stay for both examination hearings and oppositions at first instance.

European software patentability series

European software patentability: Zooming back in

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment XII

Thoughts

Deposits of biological material at the EPO: steps to take at PCT filing

In this briefing note, we review the necessary actions to take at the PCT filing stage when the depositor is not the applicant, in order to avoid potential problems in the European phase.

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry – Hampton Court Gin

These days, gin is absolutely booming and craft gin is the hip drink of choice whatever your age. But how hard is it to stand out in such a crowded market?

Case law

Plausibility and post-filed data at the EPO part III – a deeper dive into the case law

This is the third part of our three-part article on EPO Enlarged Board of Appeal referral G 2/21. Here, we take a deep dive into the case law for those looking for the detail, and include insights tha...

Case law

Plausibility and post-filed data at the EPO part II – the technical and legal facts of G 2/21

In the second part of our three-part series, we analyse the technical/legal facts of the appeal behind G 2/21 and provide a digest of post-filed data/plausibility issues in practice.

Case law

Plausibility and post-filed data at the EPO part I – a practical guide

The EPO is currently wrestling with (arguably) one of the most significant legal challenges of the last few decades.

Case law

Place of use – wrong standard?

In a rare case of the General Court going against the Board of Appeal’s decision, a luxury hospitality operator sought to retain their EUTM despite rendering the services outside the relevant territor...

European software patentability series

European software patentability: The Business Person is Boss

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment XI

Thoughts

What's in a name? Jose Mourinho

Chelsea Football Club Limited employed Mourinho as manager between 2004-2007 and 2013- 2015, and are still the registered proprietors of European Union Trade Mark (EUTM) and UK registered trade mark r...

Case law

These boots are made for walkin’: Fairfax & Favor Limited v The House of Bruar Limited

Spanish-style riding boots stepped into the Intellectual Property Enterprise Court this spring in an infringement trial between Fairfax & Favor Limited (“F&F”) and the House of Bruar Limited (“HoB”).

News

News on plausibility at the EPO: G 2/21 preliminary opinion released

The EPO Enlarged Board of Appeal (EBA) has issued a preliminary, non-binding, opinion on the pending G 2/21 referral. In brief: G 2/21 (introduced in our previous articles here and here) asks how the ...

News

“A leading destination for filing and portfolio management” Kilburn & Strode secures another Band 1 ranking in Chambers and Partners 2023

Kilburn & Strode is proud to be featured in Band 1 for the 12th year in succession in the Intellectual Property: Patent & Trade Mark Attorneys category in Chambers and Partners’ 2023 edition.

News

Managing IP recognises three Kilburn & Strode “Rising Stars” in 2022 rankings

IP Stars has ranked three Kilburn & Strode Rising Stars for 2022, adding to the firm’s top rankings as a Tier 1 firm in the Patent Prosecution and the Trade Mark Prosecution categories.

News

Kilburn & Strode partners Carrollanne Lindley and Iain Stewart named Global Leaders by World Trademark Review 2022

Carrollanne Lindley and Iain Stewart have been named Global Leaders by World Trademark Review 2022.

News

“Creative and proactive” with “excellent commercial knowledge,” “friendliness and jargon-free advice” - The Legal 500 2023 awards Kilburn & Strode Tier 1 rankings in patents and trade marks

Kilburn & Strode has once again been recommended as a Tier 1 firm for Patent Attorneys and Trade Mark Attorneys in The Legal 500 United Kingdom Solicitors 2023 edition.

European software patentability series

European software patentability: Let's get physical

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment X

European software patentability series

European software patentability: Breaking Bad

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment IX

Thoughts

Create, secure and stabilise – the vital role of patents in supply chains

Now that the world has witnessed supply chains becoming disrupted, it is perhaps the right time to focus on the vital role that patents can play in creating, securing and ultimately stabilising new or...

News

West coast-based European team expands with the arrival of James Snaith from the firm’s Life Sciences & Chemistry Group

Top-tier European IP firm Kilburn & Strode continues its California expansion with the addition of another key team member in the San Francisco liaison office.

European software patentability series

European software patentability: The lovable constant

The long and winding code - a short history of European software patentability through the lens of pop culture: Instalment VIII

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Russell & Atwell

How do disrupters in the Food & Drink sector see things themselves and what do they think the future holds? We speak to the passionate Giles Atwell, co-founder of Russell & Atwell to find out.

European software patentability series

European software patentability: I’m Football Crazy, but Football’s Mad

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment VII

European software patentability series

European software patentability: Cutting through the noise

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment VI

European software patentability series

European software patentability: Cheating your way to the finish line

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment V

Thoughts

Innovation, collaboration and the ever-present climate crisis – Interview with Faustine Delaselle, SYSTEMIQ Ltd

To find out more about the challenges that heavy industry faces, the need for collaboration and the impact of COP26, Kilburn & Strode spoke to Faustine Delaselle of SYSTEMIQ.

European software patentability series

European software patentability: The big split

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment IV

Analysis

Gone in a flash - EUIPO cancels two Polaroid marks over simple shape

We examine, in detail, the two EUTM cancellation actions and decisions owned by PLR IP Holdings, a holding company of Polaroid.

Food and Drink

CRISPR Beef: coming to a plate near you soon?

We recently covered 5 challenges faced by the cultured meat industry. Now, a start-up has announced a major breakthrough which could address two of these – price and scale-up of production.

News

Go-to European IP firm Kilburn & Strode opens new office in Eindhoven

Top-tier European IP firm, headquartered in London, with offices throughout The Netherlands and Europe, and a liaison office in San Francisco, broadens its European reach with a new Eindhoven office.

European software patentability series

European software patentability: Sex, drugs and rock ‘n’ roll – the rise of the further technical effect

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment III

European software patentability series

European software patentability: That’s not technical, this is technical

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment II

European software patentability series

European software patentability: A new hope

The long and winding code – a short history of European software patentability through the lens of pop culture: Instalment I

News

Managing IP: the IP Stars of 2022 have been released

We are pleased to announce we have maintained our tier 1 status in the Patent Prosecution category and in the Trade Mark Prosecution category (patent & trade mark attorney firms) for IP Stars 2022.

News

‘Superior technical ability and client care’ - Our 2022 gold ranking for IAM Patent 1000

Kilburn & Strode is excited to announce that nine patent attorneys have been recognised and praised in the 2022 edition of IAM Patent 1000, where we are ranked as a Gold Firm for our expertise.

News

Patent risk: the new boardroom priority

Patent risk management has been moving up the boardroom priority list in recent years because the cost of ignoring the risks posed by third party patents is simply too great.

Updates

Kilburn & Strode wins UK Trademark Prosecution Firm of the Year accolade at Managing IP EMEA Awards 2022

Kilburn & Strode has been recognised as UK Trademark Prosecution Firm of the Year in the esteemed Managing IP Awards. The award is testimony to the team’s stellar reputation among clients and peers.

Case law

Anti-counterfeiting and the rise of NFTs

On World Anti-Counterfeiting Day 2022, brands are looking to new technologies such as the Metaverse, Blockchain, and non-fungible tokens (NFTs) to disrupt counterfeit activity.

News

Law update on sentencing guidelines for trade mark infringement

The Sentencing Council have finally provided clear guidance for both magistrates and Crown Courts, this is excellent news for rights holders.

Case law

Caterpillar or copy-cat? – a look at copycatting in the food and drink sector

With news that an out of court settlement has been reached between Marks & Spencer (M&S) and Aldi in the widely publicised dispute over caterpillar shaped cakes, we take a deeper look at copycatting i...

Thoughts

Healthcare technology and EPO oppositions: why your dependent claims matter

Advances in diagnostic devices like X-ray machines and MRI scanners, as well as prosthetic implants and surgical tools, has led to a boom in patenting in the field of medical technology.

Thoughts

Latest lessons from the EPO – our webinar on the most important 2021 EPO case law

We were delighted to host our ‘Latest lessons from the EPO’ webinar on 28 March 2022 covering the most important decisions made by the Boards of Appeal and Enlarged Board of Appeal at the EPO in 2021....

News

Kilburn & Strode is delighted to announce our newly promoted partners and counsel

This year we have had a record six partners promoted across our Tech and Life Sciences and Chemistry Practices.

News

Kilburn & Strode continues expansion of successful San Francisco Liaison Office

Harry Harden, Partner of the firm’s London office, is relocating to our San Francisco Liaison Office to spearhead growth and expansion of our Bay Area European offering.

Case law

Overcoming the technicality requirement for software inventions at the EPO (T 2653/16)

A recent Board of Appeal decision at the European Patent Office ensured that an applicant was not robbed of their banknote processing machine’s patent protection.

News

'An unmatched level of knowledge in IP' - WTR 1000 ranks Kilburn & Strode "among Europe’s elite trade mark attorney outfits"

Kilburn & Strode has once again received a gold ranking in the WTR 1000. The guide classes the team “among Europe’s elite trademark attorney outfits”.

Technical Tips

Not such a perfect match! M&S’ latest blunder

Hot on the heels of Colin v. Cuthbert the Caterpillar and “Glitter Globe Gin Gate”, M&S has kindly (if unintentionally) provided us with yet another case study in the world of Food & Drink copycats.

Case law

Adding matter even when there is verbatim language - T2842/18

In T2842/18, the BoA considered the basis required to include a therapeutic effect in a second medical use claim.

Case law

Description amendment at the EPO – latest developments

Many observers have concluded that the significant description changes forced by the EPO to bring the description into accordance with the claims are too onerous and ultra vires.

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Moorish

How do disrupters in the Food & Drink sector see things themselves and what do they think the future holds? We decided to speak to some of the sector’s most innovative and passionate founders to find ...

Case law

High Priority: New Enlarged Board of Appeal referral on legal entitlement to priority (G 1/22 and G 2/22)

We recently reported on an expected new referral to the EBA on a point of priority entitlement, for consolidated appeals T1513/17 and T2719/19. A referral has now been made.

Case law

Mechanical insufficiency: how to avoid the elephant trap

When drafting patents for mechanical inventions, insufficiency issues are rare. However, there are still some nasty traps that one can fall into.

News

Kilburn & Strode grows tech capabilities with new partner hire Frodo Ferro in the Netherlands

Kilburn & Strode is delighted to announce the appointment of Frodo Ferro as Partner in the firm’s Tech practice group in the Netherlands.

News

Edging towards a circular model: recent innovation in the design and recycling of plastics

No matter how much we may try and move away from plastics, especially those that are single-use, they are wonder-materials with properties we can’t seem to do without.

Thoughts

Christmas 2021: Counterfeits are coming to town

In recent months, we have seen a tightening of restrictions of goods entering and leaving the UK. Figures show that the economic annual loss through counterfeiting and piracy is at least £9 billion.

Thoughts

Live long and prosper? How longer lifespans will impact IP

Who wants to live forever? Eternal life is not yet something that humans can look forward to, but more people are living longer throughout the world.

Case law

Priority: A possible new referral to the Enlarged Board of Appeal?

Last week, we observed oral proceedings for consolidated appeals T1513/17 and T2719/19, because a fundamentally important priority entitlement question was at stake.

Events

AI in healthcare technology: key take-aways from our Patent Power Half Hour webinar

Here is a summary of the key take-aways from the webinar that re-ran on 8 December 2021, covering AI in MedTech. We discussed the strategic considerations of patenting your AI inventions and explore t...

Drinking dining and disruption series

Drinking, dining & disruption: the revolutionaries in the Food & Drink industry - Nc’Nean

Thoughts

Latest data! Update on new Enlarged Board of Appeal referral on the use of post-filed data

The EPO's Technical Board of Appeal's referral to the EBA has happened (G2/21), so one of the most controversially discussed issues at the EPO should soon be clarified.

Food and Drink

Novel food and new technologies: are we ready for insect proteins in Europe?

For just the second time ever, an insect has reached the final authorising step as a novel food before the EU’s Standing Committee on Plants, Animals, Food and Feed.

Food and Drink

5 challenges faced by the cultured meat industry

Cultured meat, or lab-based meat, is meat grown from animal cells in tissue culture. The food industry is looking to ever more technologically advanced solutions to feed the world.

News

Kilburn & Strode attorneys ranked Band 1 in the Chambers and Partners 2022 ranking

Kilburn & Strode continues to be recognised for its excellent work with Chambers UK 2022 describing us as a “leading destination for filing, portfolio management and rights strategy”.

Technical Tips

Trade marks in bad faith ruling upheld: Chinese tyre distributor ‘threatened’ out of Bulgarian market

In a twist on the usual narrative, a Bulgarian company found to have been ‘taking advantage’ of a Chinese company operating in the EU, has had their registered mark struck out, on the grounds of bad f...

News

Kilburn & Strode enhances Life Sciences & Chemistry offering with the hires of Andrea Hadfield and Bethany Myers

We are delighted to welcome two qualified attorneys, Andrea Hadfield and Bethany Myers, to our Top Tier Life Sciences and Chemistry team.

News

Fast track your eco-friendly patents with the UKIPO’s Green Channel

Did you know that the UKIPO offers accelerated processing for applications if the invention has an environmental benefit? This is via a scheme known as the 'Green Channel'.

News

The Legal 500 continues top recognition of Kilburn & Strode in two practice areas in United Kingdom Solicitors 2022 edition

Kilburn & Strode LLP has been once again recommended as a top tier in two practice areas in The Legal 500 United Kingdom Solicitors 2022 edition.

Thoughts

Kilburn & Strode feature in Healthcare Markets International: protecting cannabis IP

Cannabis is touted as a wonder-drug by many. Its effects on the human body are numerous and these approved therapies are the tip of the iceberg, and more will surely follow.

Thoughts

Patenting healthcare inventions at the EPO

There are three EPO medical exclusions to patentability: methods for treatment of the human or animal body by surgery or therapy, and diagnostic methods practised on the human or animal body.

Thoughts

Solving in-house counsel challenges in European IP: Transatlantic teamwork

We're delighted to have taken part in the IP East 2022: New Beginning’s Virtual Summit. The calibre of speakers and delegates was truly outstanding thanks to everyone who took part in the discussions.

News

European Inventor Award highlights importance of cross-sector technologies

Sarah Lau of Kilburn & Strode’s Life Sciences and Chemistry Group looks at the role of interdisciplinary research in some celebrated inventions, and the questions this raises for IP protection.

News

IAM Strategy 300: The World’s Leading IP Strategists

The World’s Leading IP Strategists has recognised Kilburn & Strode partners in this year’s ranking.

Food and Drink

Trade marks and geographical indications in a post-Brexit landscape

This month saw the first product granted Geographical Indication status under the UK’s new post-Brexit scheme. More will surely follow as food & drink producers get use to the new way of doing things.

Case law

Oatly loses trade mark lawsuit against Glebe Farm

Following Oatly’s successful appeal and registration of the slogan “It’s like milk but made for humans”, on Thursday 5 August the High Court ruled in the latest instalment of the Oatly trade mark saga...

Updates

Patents and the energy transition

In April 2021, the European patent office published their report on patents and the energy transition1. The report comes amidst both the Covid-19 pandemic and a concerted commitment from many compani...

Technical Tips

Impossible inventions

Every now and then, a patent attorney will come across an invention which seems too good to be true, for example, inventions which purport to ‘disprove’ or ‘violate’ various well-established theoretic...

Thoughts

Later, data! Possible new Enlarged Board of Appeal referral on the use of post-filed data

When can data generated after the filing date of a patent (“post-filed data”) be used to support inventive step at the EPO? A possible new referral to the Enlarged Board of Appeal may clarify this.

News

Top-tier European IP firm Kilburn & Strode expands partnership with hire of Peter Gray into the firm’s Tech group

Bringing over 25 years of experience, Peter’s wealth of knowledge spans a wide range of physics-based technologies. His particular work in the telecoms sector and knowledge of semiconductors strengthe...

Analysis

Bottoms up – what’s brewing in the beer industry?

A recent report published the news that the Netherlands was the largest beer exporter in the EU in 2020. Not only for your regular bottle of beer, but also in the area of non-alcoholic beers. Besides ...

CRISPR

How should human genome editing be regulated?

Two reports published by WHO provide the first global recommendations on appropriate institutional, national, regional and global governance mechanisms for human genome editing.

Updates

Guidance on the correct use of trade marks in a business — checklist

Carrollanne Lindley and Lorraine Lowell Neale have produced a handy checklist as a simple method of creating clear and concise steps for both internal and external teams to adhere to.

Case law

Insufficient Optics - Sufficiency through the objective lens of the EPO (T0123/16)

It is not often that the world of optics produces contentious patents. It is even rarer for a patent in this field to be revoked on the basis of insufficient disclosure.

Case law

Oatly’s appeal is udderly successful

In an appeal brought by Oatly AB, the General Court recently overturned the decision of the Board of Appeal, and allowed the slogan ‘IT’S LIKE MILK, BUT MADE FOR HUMANS’ to be registered (Case T-253/2...

News

‘A mighty prosecution shop’ - Our 2021 IAM Patent 1000 results

Kilburn & Strode is excited to announce that eleven of our esteemed patent attorneys have been recognised and praised in the 2021 edition of IAM Patent 1000.

Updates

Read our guide: Managing a trade mark portfolio

To help businesses understand and capitalise on the hidden value of their brand, we have partnered with LexisNexis – to produce a guide that contains a wealth of strategic and practical advice.

Case law

Double take: Enlarged Board of Appeal confirms in G 4/19 that patent applications can be refused on the basis of double patenting

Answering the questions referred in T 0318/14 the Enlarged Board of Appeal confirms patent applications can be refused on the basis of double patenting.

Events

Patenting MedTech in Europe: key take-aways from part 1 of our Patent Power Half Hour webinar

Patent Power Half Hour is Kilburn & Strode’s information-packed, supercharged webinar series. Here is a summary of the key take-aways from the webinar that ran on 23 June 2021, covering the fundamen...

News

Managing IP’s IP Stars 2021 rankings released

Kilburn & Strode retains tier 1 status in the Patent prosecution category and in the Trade mark prosecution (patent & trade mark attorney firms) category.

News

Partnership announcement: Kilburn & Strode appoints new partner to expand Chemistry offering

Jo Bradley has joined Kilburn & Strode’s Life Sciences & Chemistry group. The appointment is part of the firm’s growth strategy, with the expansion of the chemistry offering.

News

Why a waiver won’t work

The World Trade Organization is considering waiving IP protections to promote the manufacture and distribution of COVID-19 vaccines.

Technical Tips

BL O/264/21 - Brew dares wins!

In April, the UK Intellectual Property Office issued its decision on the inventorship and entitlement of patent no. GB2571465, building on earlier case law.

Case law

Bag a bargain? – Amazon sues influencers for promoting "luxury" counterfeits

Counterfeiters are circumventing online marketplaces’ anti-counterfeiting measures in various ways, including using fake or stolen addresses and hacking legitimate user accounts to sell fake goods.

News

G 1/21: hearing on using ViCo postponed for entirely non-ViCo-related reasons

Last Friday, the Enlarged Board of Appeal (EBA) heard the case on G1/21 “Oral proceedings by videoconference”. However, the hearing was postponed for procedural reasons.

Updates

Four tips for handling description amendments in light of EPO practice changes

The EPO's Guidelines have been updated to set out in more detail the changes that need to be made to the description and figures to ensure that they are brought into line with the allowable claims pri...

Events

Patenting software in Europe: key take-aways from part 2 of our Patent Power Half Hour webinar

A summary of the key take-aways from the Patent Power Half Hour webinar that we ran on 25 May 2021 on patenting software in Europe.

Technical Tips

Uplifting results for patent owner in IPEC judgement

Find out the results of a two-year legal battle between fashion competitors. Freddy SpA created a uniquely different range of jeans which was globally popular and commercially successful.

News

New European Commission report signals appetite for revised GMO regulation in light of CRISPR/Cas9

The European Commission published a report on 29 April 2021 which reviewed the current legislative framework for the regulation of new genomic techniques (NGTs).

Thoughts

Considerations for formulation and combination patents in Europe

We consider patent applications to new drug formulations and combinations. Where a substance or composition is already known for a medical use, it may still be patentable for treating the same conditi...

News

Top-tier European IP firm Kilburn & Strode cements strategic trade mark offering with hire of Rowena Tolley as a partner in the firm’s trade mark group

As one of MIP’s “Top 250 Women in IP” and with a wealth of experience across a wide range of sectors, Rowena will be a cornerstone of Kilburn & Strode’s impressive trade mark practice.

Events

Patenting software in Europe: key take-aways from part 1 of our Patent Power Half Hour webinar

A summary of the key take-aways from the Patent Power Half Hour webinar that we ran on 5 May 2021 on patenting software in Europe.

Thoughts

Patenting visual effects inventions in Europe

We take a look at some of the films that have been under the spotlight in the Visual Effects category for their innovative use of face replacement technology. Can these be patented in Europe?

Thoughts

Cannabis: A brief overview of US and European approaches

Cannabis laws and regulations in the US and Europe can be complicated. That’s why we’ve produced a handy comparison of key aspects regarding medical and recreational cannabis laws you should know.

Case law

Assessing the scope of Genuine Use – Replacement parts, accessories and second hand goods

Comparing the CJEU’s decision regarding the Ferrari TESTAROSSA case with the UK High Court’s decision on the AIWA Co. Vs AIWA Corp. case.

News

Kilburn & Strode’s Tech and Life Sciences & Chemistry groups strengthen their top-tier service offering with new partner and counsel promotions

We are delighted to announce that Harry Harden, from the Tech group, has been promoted to Partner and Juliet Hibbert has been promoted to Counsel.

Updates

A week is a long time at the EPO…

Following our recent thoughts on the referral to the EPO’s Enlarged Board of Appeal regarding compulsory video conference (ViCo) oral proceedings, there have been some interesting developments.

Case law

T 0755/18 - An answer, but what is the question?

This past month the Boards of Appeal issued the (unpublished) decision in T 0755/18 (Semi-automatic answering/3M INNOVATIVE PROPERTIES).

News

Speak, and ye shall be heard (unless you’re on mute)

Referral to the Enlarged Board of Appeal regarding legality of non-voluntary video conference appeal hearings to go ahead

Case law

G1/19 - The written decision is in!

The written decision from the Enlarged Board is in! We've been through the decision, picking out the details, and our thoughts on their impact are below.

Case law

End of the road - review of an opinion issued by the UKIPO (BL O/417/20)

Review of an opinion issued by the UKIPO (BL O/417/20)

Thoughts

Talk innovation podcast

Our Chair, Gwilym Roberts, moderated a podcast on oral proceedings by videoconference in the series produced by the EPO called ‘Talk innovation’.

Updates

Kilburn & Strode’s “superlative” trade mark team maintains top tier ranking in WTR 1000 2021

Kilburn & Strode is once again delighted to be ranked as a top-tier firm in this year’s World Trademark Review 1000.

Thoughts

How business is shaping IP

In this article, part of our series on the impact of COVID-19, we look at business trends and how they will affect IP rights.

Thoughts

What impact will Brexit have in the long term?

While the news in 2020 was dominated by the COVID-19 pandemic, the year also saw the conclusion of the Brexit process. What will it mean for IP in the coming years?

Thoughts

The new social attitudes

The pandemic has changed the ways we work, shop and socialise. This will have knock-on effects for the management and protection of IP rights.

Case law

Designated survivor (J 0012/18)

In the recent case concerning the decision of the #EPO Board of Appeal (J 0012/18), the applicant failed to ensure that designated states were not withdrawn before filing divisional applications.

News

EPO Guidelines go gender neutral

Last week the EPO published an advance copy of one of its core texts, and we are delighted to see the include the introduction of gender neutral language.

News

Top-tier European IP firm Kilburn & Strode expands in the Netherlands with the hire of Rike Dekker

Bringing a unique blend of private practice and in-house experience, Rike is well-positioned to build the Dutch operation for Kilburn & Strode within the Life Sciences & Chemistry fields.

Thoughts

What will business as usual look like for IP in 2021?

In the first of a series of articles looking at trends for 2021, Kilburn & Strode attorneys discuss new ways of working arising from the COVID-19 pandemic.

Thoughts

How the law will change in 2021

The changes brought by the COVID-19 pandemic have had an impact across society, and courts and IP offices are no exception.

Thoughts

What’s changing IP strategies?

New ways of working; budget pressures; and legal precedents: all these trends are likely to change IP strategies in 2021.

Case law

Does shiny black and coloured foil count? General Court partially annuls three decisions on the comparison of 3D Champagne bottle marks

Ace of Spades recently brought oppositions against Munich Accessories GmbH’s EUTM applications for a total of three different champagne bottles.

News

The rise of the Cyber Examiner

Crisis is an innovation accelerator, often driving mass uptake of existing technologies and the current pandemic is no exception.

News

Strategies for promoting patenting among academics and researchers

This article explores the challenges involved in the transfer of knowledge and technology from universities and research centres to industry.

Thoughts

Cannabis Trade marks and commercialisation in the US, UK and EU.

The commercialisation of cannabis products is resulting in one of the fastest growing and unpredictable emerging markets globally.

Technical Tips

Reasons why the CRISPR priority appeal failed

The Board of Appeal in the infamous CRISPR priority appeal recently issued its written reasons for dismissing the appeal.

Technical Tips

Superficial Intelligence (T 0161/18 – Sufficiency of AI inventions)

The algorithm used by AlphaGo to defeat 9-dan professional Go player Lee Sedol in 2016 was a major milestone in artificial intelligence research. However, while filing numbers for patent applications ...

Technical Tips

Essential Inventive Step Reminders (T 686/18)

A recent Board of Appeal decision at the European Patent Office (EPO) has reaffirmed a key practice point in the demonstration of inventive step when drafting and prosecuting patent applications in Eu...

Technical Tips

UK Supreme Court hands down judgment in landmark standard essential patents cases

The UK Supreme Court (UKSC) recently handed down its judgment in Unwired Planet v Huawei and Conversant Wireless v Huawei & ZTE.

Thoughts

A short primer on patenting AI and machine learning inventions at the European Patent Office

AI is booming. From banking to medical devices to self-driving vehicles, it's ubiquitous. But what can be patented in this area?

Thoughts

Cannabis: Patents in Europe

Patents are a powerful tool in Europe to protect inventions in the rapidly-growing field of cannabis-derived therapeutics.

News

UK IPO issues clear guidelines for SPC applications after Brexit

The UKIPO has issued further clear guidance on changes to the application process for Supplementary Protection Certificates (SPCs) in the UK from 1 January 2021.

News

Juve Patent UK 2021 ranking

Juve Patent has published its second annual ranking of the UK’s patent firms. The publications recommends Kilburn & Strode in five key fields of expertise within the Patent filing category.

Case law

Surgical Complications: T1631/17 and implicit surgical steps

It is well known that “methods of treatment of the human or animal body by surgery” are not patentable at the EPO in accordance with Article 53(c) EPC. What may not be so well known is that method cl...

News

Invigorating your portfolio: a summary

IP relevance, portfolio value, managing the patent process, interacting with IP offices, the impact of COVID-19 on counterfeiting and how the pandemic is affecting working practices: these were just a...

News

The value of a global patent portfolio

For countless corporations across the globe, their commercial prowess and competitive edge rests upon innovation—and, along with it, upon their ability to develop and implement a successful global pat...

Covid-19

Counterfeit Christmas

Christmas is a counterfeiter’s high season, and with UK e-commerce expected to be worth almost GBP200 billion at the end of 2020 it is likely this year’s festive period will provide even more opportun...

News

T 509/18 – Less is not always more when it comes to disclosure…

An appeal decision for European case T 0509/18 addresses the question of what the EPO considers to be an enabling disclosure in the field of machine learning. The appellant was TK Holdings Inc. and th...

Updates

Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts listed as the world’s foremost patent experts in IAM Global Leaders 2021

Kilburn & Strode is excited to announce that Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts have all been recognised as some of the world’s leading experts in IP ...

News

Video killed proceedings in Haar

The European Patent Office has been edging towards videoconferencing (VC) hearings for several years. The advent of coronavirus drove an almost instant shift towards compulsory VC for lower level case...

CRISPR

BREAKING: CRISPR priority appeal written decision issued

Following its decision in January 2020 to uphold the Opposition Division’s decision to revoke EP2771468 (reported here), the Board of Appeal has now issued its written reasons for that decision.

News

SPCs and combination medicinal products: a cautionary tale

This article provides an overview of the decision C-121/17 and considers the impact on claim drafting in patents directed to combination pharmaceutical products.

News

Managing IP’s IP Stars 2020/21 recognises fourteen patent and trade mark practitioners

Kilburn & Strode is delighted to announce that 14 patent and trade mark practitioners have received recognition in the annual publication by MIP. IP Stars is based on rigorous and impartial research o...

News

Chambers UK 2021 ranking released: Tier 1 for Kilburn & Strode’s patent and trade mark practices

In their largest guide to date, Chambers and Partners reviewed over 20,000 respondents. Kilburn & Strode is delighted to receive a Tier 1 ranking and we congratulate all fellow practitioners.

News

Kilburn & Strode’s Trade marks team stays on growth trajectory with the hire of new attorney based in the Netherlands

Since opening its office in Hilversum at the start of 2019 (as reported here), the team, led by partner Claudia Festen, has gone from strength to strength.

News

Our 2020 Tier 1 Legal 500 Ranking

We are pleased to announce our Tier 1 ranking in the latest edition of The Legal 500 for UK Patent and Trade Mark Attorneys. The firm has been praised for its exemplary work and our partners have been...

News

“Leading lights” of trademark practice: WTR recognises Carrollanne Lindley and Iain Stewart in the latest GLOBAL LEADERS 2020 guide

Kilburn & Strode is pleased to announce, Trade mark partners Carrollanne Lindley and Iain Stewart have both been named in the latest edition of the World Trademark Review’s Global Leaders for 2020.

Thoughts

I’m an academic, get me out of patents: strategies for promoting patenting among academics and researchers

Academics are a curious bunch. They range from the head in the clouds, eccentric clichés to the business savvy company executives, and yet, they have one thing in common: the public trusts them to tel...

Technical Tips

UK Supreme Court (UKSC) allows Kymab’s appeal as Regeneron’s patents relating to transgenic mice ruled invalid for insufficiency

In a judgment handed down on 24 June 2020, the UK Supreme Court (UKSC) overturned an earlier Court of Appeal ruling and decided two patents asserted by Regeneron against Kymab (EP1360287 and EP2264163...

Technical Tips

EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe

EPO Enlarged Board of Appeal (EBA) Decision G 3/19 decision sets out detailed and fundamental principles for interpretation of the law relating to the patentability of plants and animal products in Eu...

Technical Tips

EPO Oral Proceedings by videoconference – what you need to know

Kilburn & Strode attorneys have been attending oral proceedings by video conference for some time, usually using the facilities in our London office. However, the current global situation has prompte...

Technical Tips

Added subject-matter and selections from multiple lists – are things getting easier?

In T 1621/16 the Board of Appeal reversed an Opposition Division decision to revoke a patent for added subject matter on the basis the claims comprised multiple selections from lists of converging alt...

Technical Tips

Less is more when seeking patent protection for chemical compounds possessing a therapeutic effect

This case concerns important aspects of UK patent law in relation to: • sufficiency, • infringement by virtue of the doctrine of equivalents, and • threatened indirect infringement of medical u...

Technical Tips

Essential guidance on patenting software-based inventions at the EPO

A recent Board of Appeal decision at the European Patent Office has reaffirmed a key practice point in the drafting of software-based patent applications for Europe: make the technical considerations ...

Case law

Breaking – UK Supreme Court hands down judgment in landmark standard essential patents cases

The UK Supreme Court (UKSC) has just handed down its judgment in Unwired Planet v Huawei and Conversant Wireless v Huawei & ZTE.

Thoughts

Prior Use ''Pitfalls'' in EPO Oppositions

This practical update takes a look at how best to use public prior use in an EPO opposition and the potential pitfalls to avoid. A public prior use attack in opposition may seem like a sure thing, b...

News

G1/19 Hearing – law through a lens

The EPO’s recent Enlarged Board of Appeal hearing on patentability of computer simulations was important not only for its legal ramifications. The participants were present, but for the first time eve...

Thoughts

Post-Pandemic Innovation – Part 3

An examination of innovation and patenting in previous crises has identified some consistent trends and here we look at whether we can extrapolate these to the aftermath of the coronavirus pandemic, b...

Case law

An important lesson for the pharmaceutical industry: Less is more when seeking patent protection for broad chemical formulae

This article reviews the main findings of Lord Justice Arnold in Akebia v FibroGen, a “clearing the way” patent dispute that raises important questions of UK patent law in relation to Biogen insuffici...

News

G1/19 – Referral to the Enlarged Board of Appeal – Simulation Inventions

Tomorrow, we will be following and tweeting live updates on the Enlarged Board hearing for simulation-type inventions. The hearing itself will be virtual (not simulated) and open to the public.

Updates

Crystal clear? Patenting polymorphs in Europe

Crystal clear? Patenting polymorphs in Europe. Polymorphs of drug compounds can have significant commercial value. However, obtaining patents for polymorphs at the EPO can be challenging. Here are s...

News

Regeneron v Kymab and the effect of claim scope on the requirement of sufficiency of disclosure

In a judgment handed down today (24 June 2020), the UKSC overturned an earlier Court of Appeal ruling and allowed Kymab’s appeal on the basis the patents asserted by Regeneron were invalid for reasons...

Thoughts

Innovation from crisis - Part 2

We have seen that patenting activity naturally levels during crises which affect subsistence or economy, though against a background of robust long-term growth.

Updates

IAM Patent 1000: The World’s Leading Patent Professionals

Kilburn & Strode is excited to announce that eight of our esteemed patent attorneys have been recognised and praised in the 2020 edition of IAM Patent 1000, the market-leading annual directory that id...

Thoughts

Destined for perpetual refusal, or verging on a new everlasting movement?

Industrial applicability, alongside novelty and inventive step, is one of the conditions an invention must meet in order to be considered patentable at the EPO and the UK IPO .

Thoughts

Why it is now easier to patent high-purity chemicals at the EPO, and how to do it

Making the initial discovery of a new and potentially useful compound is just the first stage in a long road to market for a new commercial product.

Thoughts

Essential guidance on patenting software-based inventions at the EPO

Thoughts

Crisis and Innovation - Part 1

In this time of extraordinary change and uncertainty, reaction has been rapid, well-meaning and often effective at the individual, enterprise and nationwide level.

News

EPO Enlarged Board of Appeal Decision G 3/19 and the patentability of plant and animal products in Europe

Last week the EPO released another decision (G 3/19, “Pepper”) from the Enlarged Board of Appeal (EBA) regarding the patentability of plant and animal products.

News

Opposition by videoconference is now in progress at the EPO

The European Patent Office (EPO) has announced a pilot project for holding hearings, known as oral proceedings, by videoconference before EPO Opposition Divisions.

Case law

A Game of Cubes: O/039/20 – invalidation proceedings for three registered designs

On 26 March 2019, Lin Bing (an individual) applied for invalidation of each of three registered designs owned by Wild Boards Limited (a UK online retailer) on the grounds that they were not new and di...

Updates

Top tier ranking: Kilburn & Strode’s Trade mark team on ‘rocket ride’ in glowing review by WTR 1000

World Trade Mark Review release 2020 rankings, recognising the firm’s leading individuals and ambitious European outlook.

CRISPR

CRISPR priority appeal still alive?

Although the oral proceedings in the CRISPR priority appeal, T 844/18, concluded on 16 January 2020 with the Board of Appeal upholding the opposition division’s decision to revoke CRISPR patent EP2771...

Case law

Mission Impopsicle? – Japanese ice cream maker Akagi Nyugyo, the UKIPO, and implicit disclosure

Relatively unknown outside Japan, Akagi Nyugyo is Japan’s biggest ice cream manufacturers with a staggering 400 million of its popsicles sold annually.

Updates

Kilburn & Strode receives UK Patent Attorney Firm of the Year award

We’re extremely proud to announce, the firm’s patent team has been selected as the recipient of the UK Patent Attorney Firm of the Year award at the Global IP Awards by IAM and WTR.

News

Breaking News – Board upholds decision to revoke CRISPR patent

The Board of Appeal has today confirmed that the Opposition Division (OD) was correct in deciding that priority claims of CRISPR patent EP2771468 are invalid and therefore the claimed subject matter l...

Updates

Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts named ‘IP elite’ in IAM Global Leaders 2020

Kilburn & Strode is pleased to announce that Kristina Cornish, Richard Howson, Alexander Korenberg, Jim Miller and Gwilym Roberts have all been recognised as some of the world’s leading experts in IP...

News

CRISPR priority appeal - what you need to know ahead of the hearing

Arguably the highest profile appeal at the EPO in recent years (T 0844/18) will be heard before the Board of Appeal in Munich on 13-17 January 2020.

News

National Route Closure for EPC - what does this mean in practice?

It was announced at the end November that, effective 1 January 2020, San Marino has closed the national route and thus will no longer accept European patent applications, or act as a receiving office ...

Updates

Jeffrey Parker joins Kilburn & Strode to expand the firm’s offering

“We are delighted to welcome Jeffrey to our ranks. His flair and wealth of experience will further enhance our leading Trade Mark practice.”

Updates

Kilburn & Strode welcome 11 Trainee Patent and Trade Mark Attorneys and launch Paralegal Academy

Crossing a range of sectors and functional expertise, we’re very proud to announce the arrival of our new trainee attorneys. We are also excited to launch our new Paralegal Academy which saw us hire f...

News

Good news - an update on ORKAMBI availability for cystic fibrosis patients in the UK

News last month reports that an agreement has now be made, after years of dispute, for patients in England to have access to ORKAMBI though NHS England. The drug was authorised over four years ago, bu...

News

Kilburn & Strode uphold Band 1 ranking in Chambers and Partners

We are delighted to announce our Band 1 ranking for Intellectual Property: Patent & Trade Mark Attorneys UK-wide. The report states that we are a ‘leading destination for filing, portfolio management ...

News

Kilburn & Strode uphold Tier 1 ranking in Legal 500 for patents and trade marks

The firm has been noted for all-round excellence and our partners have been individually acknowledged for their industry expertise.

News

Kilburn & Strode builds on success of San Francisco Liaison Office venture by expanding team in San Francisco

Emily Collins and Tom Hamer bolster the firm’s offering in the United States by responding to market demand for European IP in California.

News

C 239/19 – CJEU rules UK SPC referral inadmissible – no guidance on when the patent holder for an SPC is not also the Marketing Authorisation holder

The CJEU has decided that there is no issue to be heard in this referral and has ruled it inadmissible. The matter relates to a dispute between Genentech and Eli Lilly, where Genentech has applied for...

News