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G4/19 Prohibition of double patenting

G4/19 Prohibition of double patenting

On June 22, 2021 the Enlarged Board of Appeals rendered its decision concerning the question of the prohibition of double patenting.

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Assimilation of repeated trademark filing practices to bad faith

Assimilation of repeated trademark filing practices to bad faith

TEU, 21 April 2021, decision T-663/19
Hasbro, a company active in the field of games and toys and well known for its board games, is the owner of the emblematic trademark "MONOPOLY".

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European Patent Office alleviates formalities for China based patent applications

European Patent Office alleviates formalities for China based patent applications

According to Rule 141 (1) EPC an applicant when filing a priority based patent application at the European Patent Office has to file a copy of the results of any search carried out by the Patent Office with which the previous application was filed. This requirement applies to all European and Euro-PCT applications filed on or after January 1st, 2011.

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Brazilian patent law : change in patent term

Brazilian patent law : change in patent term

The Brazilian Supreme Court finalized on May 12, 2021 the judgment of the Constitutional Challenge regarding the patent minimum duration of 10 years from the grant, as provided for under the sole paragraph of article 40 of the Brazilian IP law.

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Artificial intelligence and the medical sector

Artificial intelligence and the medical sector

Artificial intelligence is everywhere today, but can it be patented in all technological sectors?
The latest statistics published by the European Patent Office (EPO) in March 2021 show the one-year evolution of patent applications at the EPO sector by sector.

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Resumption of proceedings following the decision G 1/19

Resumption of proceedings following the decision G 1/19

On 10 April 2019, the President of the European Patent Office (EPO) decided to stay all proceedings before EPO examining and opposition divisions in which the decision depended entirely on the outcome of the Enlarged Board of Appeal's decision on referral G1/19. Many European patent applications were concerned by this stay.

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New Referral to the Enlarged Board of Appeal of the EPO on Oral Proceedings via Video Conference

New Referral to the Enlarged Board of Appeal of the EPO on Oral Proceedings via Video Conference

Based on the interlocutory decision T 1807/15, the question whether conducting oral proceedings in the form of a videoconference is compatible with the right to oral proceedings if not all parties have given their consent, has been referred to the Enlarged Board of Appeal, which will be handled as G 1/21.

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Author’s rights infringement and software licenses

Author’s rights infringement and software licenses

Entr’Ouvert v. Orange and Orange Business Services
Paris Court of appeals, Pole 5 – 2nd Chamber, 19 March 2021, Docket number 19/17493

The Paris Court of appeals handed down a new decision, on 19 March 2021, in the field of author’s right infringement on softwares.

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Patentability of computer implemented simulations

Patentability of computer implemented simulations

The Enlarged Board of Appeal of the European Patent Office issued, on March 10, 2021, a decision in case G1/19, which relates to the patentability of computer-implemented simulations.

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EPO Guidelines for examination 2021 – Adapting the specification to the claims

EPO Guidelines for examination 2021 – Adapting the specification to the claims

On March 1^st, 2021, the Guidelines for Examination 2021 came into effect. Among the changes, the requirements concerning clarity have been revised. This influences the suppression of inconsistencies between the description and the claims before grant. The new approach is already implemented by the Examining Divisions since 2020.

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Storming MONT BLANC– between non-use and fraud

Storming MONT BLANC– between non-use and fraud

Rennes Court of Appeal, October 6, 2020, decision N° 16/05278
The French firm MONT BLANC established in the food industry is well-known for its creamy-desserts, and is notably the trademark owner of the French brand MONT BLANC, registered for several products and services in classes 5; 29 ; 30 ; 31 ; 32 ; 33 ; 35 ; 42 ; 43 ; 44 and 45.

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Changes of the rules regarding the inventor designation at the EPO

Changes of the rules regarding the inventor designation at the EPO

Currently, the EPO sends, according to Rule 19(3) EPC, to each inventor mentioned in a European Patent application a letter including information about the application, in particular the number of the European patent application and the name of the applicant. For that purpose, the EPO requires the complete addresses of the inventors.

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experten
LAVOIX

Aurélie
GOULON

Claude JACOBSON

Claude
JACOBSON

Victoria KLECTHKA

Victoria
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Emmanuel ROUSSOT

Emmanuel
ROUSSOT

Flavien GARCIA MORAN

Flavien
GARCIA MORAN

Ioana DONESCU-BAGSHAW

Ioana
DONESCU-BAGSHAW

Béatrice
HOLTZ

Etienne HABASQUE

Etienne
HABASQUE

Camille HANSMAENNEL

Camille
HANSMAENNEL

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