As for word trademarks, likelihood of confusion of purely figurative trademarks must take into account the distinctivity of the earlier trademark.[more]
Invalidity of 2 registered Community designs (RCD) for building blocks was requested because all the features of appearance of the design would be solely dictated by the technical function of the product and would be excluded...[more]
EU trademark BADTORO with logo of an angry bull was filed in 2018 to designate "alcoholic beverages (except beers and wine); cocktails; aperitifs; vermouth; Sangría".Opposition was based on Protected Designation of Origin...[more]
EU trademark XOXO was filed in classes 3, 9, 14, 18, 25 and 35.Following observations from third parties, it was refused for all goods because the sign XOXO, symbol of ‘hughs and kisses’, will be perceived as a promotional...[more]
G2/21, purported technical effect, balance of beneficial properties, inventive step[more]
medical use claim, sufficiency of disclosure[more]
Balenciaga filed an application for a declaration of invalidity of Birkenstock’s Community design filed in 2019 for lack of individual character with regard to prior sandals available on Amazon website since March 2018.[more]
both trademarks designates Retail services in the field of consumer electronics earlier mark is a purely figurative sign consisting of a continuous curvy line forming an element of three loops (other earlier trademark is...[more]
Singapour IP Office follows IMPI (Mexico), JPTO, USPTO, CIPO, INPI (Brazil), KIPO, CNIPA, OMPIC and SAIP with which INPI already has a PPH agreement[more]
Non-working embodiment, G1/03[more]
Mexico Patent Office follows JPTO, USPTO, CIPO, INPI (Brazil), KIPO, CNIPA, OMPIC and SAIP with which INPI already has a PPH agreement[more]
Article 111(1) EPC, remittal, late filing of a request, Articles 12 and 13 RPBA 2020, discretionary decision of the board [more]
Art. 83 EPC, Rule 139 EPC, T 380/05, G 1/03, sufficiency of disclosure, correction of error[more]
This ratification will now enter into force on the first day of the fourth month following the deposit of the instrument of ratification with the General Secretariat of the Council of the European Union, making Romania the 18th...[more]
The Soleau envelope is a time-stamping mechanism used by the French patent office (INPI) to time-stamp documents with certainty. Initially in the form of a double paper envelope bearing the name of its inventor (Soleau), the...[more]
EPO just issued a study regarding requests for Unitary effect filed for granted European patents, since the system of the Unitary Patent entered into force on June 1st, 2023.According to EPO, a request for Unitary effect was...[more]
EPO just published an important decision regarding priority right. According to this decision, the European Patent Office is competent to assess whether a party is entitled to claim priority under Article 87(1) EPC: there is a...[more]
Article 111(1) EPC, Article 12(2) RPBA , right to be heard under Article 113 EPC [more]
A process feature in a product-by-process claim only contributes to the novelty of a product claim insofar as it gives rise to a distinct and identifiable characteristic of the product. Moreover, if a chemical product is not...[more]
Since COVID outbreak, videoconference became the new norm for oral proceedings before EPO, especially during examination proceedings.It should indeed be reminded that usually, during examination of a European patent...[more]
EPO will increase amounts of official fees as from April 1, 2024. To compensate this increase, a new micro-entity status will be created for applicants before EPO.[more]
Post-published experimental data, G2/21, Inventive step, skilled person[more]
Admissibility of late filed documents - Article 12 RPBA - Inventive step[more]
When a French trademark is renewed, the French trademark office (INPI) carries out a check of the classification of the goods and services and reclassifies them so that the goods and services designated by this trademark are...[more]
Article 53(c) EPC - G1/04 - a claim is not excluded from patentability if at least one of the preceding steps which are constitutive for making a diagnosis comprises a method step of a technical nature which does not satisfy the...[more]
Technical problem based on an effect neither mentioned nor suggested in the prior art.[more]
Enlarged Board of Appeal (EBA) of EPO recently issued two decisions regarding the right to claim priority when the applicant of the priority application and the applicant of the EP application (whether direct or Euro-PCT) are...[more]
Post-published evidence, G 2/21, technical effect, technical teaching[more]
Late submissions, Article 13(2) RPBA, Article 12(3) RPBA[more]
Dosage regimen, novelty, G 2/08, bonus effect[more]
Sufficiency of disclosure, G 2/21, Art 83 EPC[more]
Pursuant to agreement between EPO and Georgia dated 31/10/2019, it will now be possible to validate European patents in Georgia[more]
Saudi Arabia Patent Office follows JPTO, USPTO, CIPO, INPI (Brazil), KIPO, CNIPA and OMPIC with which INPI already has a PPH agreement[more]
The General Court has just handed down two judgments, T-297/22 and T-298/22, confirming the validity of the three-dimensional trademarks that LEGO had registered to protect the shape of its figurines.[more]
Correction of withdrawal, filing divisional application, Rule 139 EPC, pendency of the appeal [more]
Remittance to Examining Division, Clarity, Inventive step[more]
Rule 126(2) EPC abandoned with effect as from November 1, 2023[more]
Rule 139 EPC. Adding a description page of a parent application in a divisional application[more]