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  •  
    23.11.2023
    United Kingdom

    Patentability of AI inventions: High Court offers a helping hand (Emotional Perception v Comptroller)

    Is a deep learning AI system which recommends similar songs to its users patentable? Or is it a computer program ‘as such’ and therefore excluded under s.1(2)(c) Patents Act 1977? The High Court has recently provided an answer (overturning the UKIPO’s original decision): such systems are patentable. In a decision which will delight AI innovators, Justice Mann held that the invention in question did not even constitute a computer program, let alone a computer program ‘as such’. Even if the invention was a computer program, Justice Mann considered that it had a technical...
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  •  
    21.11.2023
    Europe

    EP Case Law in Brief: Proof of common general knowledge

    It is a common sight for a patent attorney – an EPO Examiner acknowledges that a claim is novel, but asserts a lack of inventive step over ‘D1’ in combination with ‘common general knowledge’ (CGK). When considering the ability to challenge this assertion, section I.C. 2.8.5 of the Case Law of the Boards of Appeal provides some guidance.General principlesIt is well established in the case law (T 438/97, T 329/04, T 941/04, T 690/06, T 2132/16) that if the status of some information as CGK is challenged, the person asserting that it is CGK must provide proof, such as...
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  •  
    16.11.2023
    Deutschland

    Are arbitration clauses relevant to patent disputes and if yes, why? – The German Federal Patent Court on the interrelation between revocation actions and arbitration

    In a recent series of judgments, the German Federal Patent Court (BPatG) discussed the effects of an arbitration clause contained in a patent and knowhow Licence Agreement and two arbitral awards rendered on the basis of such a clause on the admissibility of several patent revocation actions by the licensee against the patent owner for German patents in the field of brake system technologies.In all judgments, the BPatG assessed in a remarkably detailed and structured manner whether the arbitration clause in the Licence Agreement or the arbitral awards rendered in the preceding arbitration under...
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  •  
    07.11.2023
    Europe

    Description amendments at the EPO – the Appellant agrees with the need for an EBA referral in T0056/21

    Description amendments bringing the content of the description in line with the allowed claims remain a controversial topic in the European practice. As reported previously, the Board of Appeal in T0056/21 has suggested a possible Enlarged Board of Appeal referral aiming to clarify whether discrepancies between part of the disclosure of the invention in the description and the claims can lead to a refusal under Article 84 EPC. In this case, the Board previously invited the Appellant (Roche) to submit their observations on the proposed EBA referral.Roche have now submitted their observations, stating...
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  •  
    19.10.2023
    APAC Region

    APAC IP Update – Autumn 2023

    ChinaState Council releases IP measures on further optimising the foreign investment environment and enhancing the attraction of foreign investmentOn 13 August 2023, China’s State Council released the Opinions of the State Council on Further Optimising the Foreign Investment Environment and Enhancing the Attraction of Foreign Investment, which propose 24 policy measures in six aspects including two for IP – strengthening the administrative protection of IP rights and strengthening law enforcement regarding IP rights.The following provides details on the two IP related measures:Strengthening...
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  •  
    17.10.2023
    Europe

    The European Patent Office (EPO) ‘10-day rule’

    By the Decision of the Administrative Council of 13 October 2022, a number of Rules of the Implementing Regulations to the European Patent Convention have been amended. These include Rule 126 (Notification by postal services), Rule 127 (Notification by means of electronic communication), and Rule 131 (Calculation of periods). According to the amendments, the so-called “10-day rule” at the European Patent Office (EPO) will no longer apply from 1 November 2023. This means that the way many EPO deadlines are calculated will be changing.What is the EPO 10-day rule?In accordance with the...
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