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What's happening in IP
See all news13.02.2025
Can a third party or intervener continue an appeal if the original appellant withdraws? This question was raised in case T 1286/23. Though the final decision of this case is still pending, this article aims to provide a view on the judgement’s implications.
The patent under appeal for T 1286/23 relates to a handheld skin cleanser, European patent 2941163, originally granted to Foreo AB. However, this patent was later opposed by a third party, Beurer GmbH, who challenged the patent’s validity. Beurer asserted that the patent was invalid on the grounds that it did not meet the requirements of patentability such as added matter, novelty and inventive step.
Full story24.01.2025
The UPC Central Division in Paris has reached a different conclusion from that of the High Court of England and Wales[1] in its recent decision[2] regarding the importance of an expert witness statement in the determination of inventive step. In particular, this decision takes the view that an expert witness, though very knowledgeable on the subject area, may be too qualified to be considered as having the common general knowledge of the skilled person.
Full story
22.01.2025
The UK Intellectual Property Office (IPO) continues their digital transformation project with what is reported to be a new and simpler way to search for UK patents. The “One IPO Search” tool is now live and will replace the current search tool “Ipsum”. This is the first of a suite of new tools to bring all IP services under a single system, termed the One IPO system.
Full story13.12.2024
An EPO decision has instigated a radical change in the understanding of the last point in which a divisional may be filed.
A decision J1/24 from the Legal Board of Appeal of the European Patent Office (see also factually corresponding J2/24) has recently been handed down. J1/24 has radically changed the long‑understood view that a divisional patent application of a European patent application can only be filed up until the day before the date of the mention of grant of a European patent.
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