1 November 2012

Inside IP Autumn Winter 2012

Features a round up of the latest cases and developments in IP.

The Autum Winter 2012 edition of Inside IP features:

The technical challenge facing software inventions – Pawel Piotrowicz brings some clarity to the issues surrounding defining technical character in patents for computer-implemented inventions.

Further developments on the law relating to SPCs – Following on from our report in the Spring / Summer 2012 issue of Inside IP on decisions relating to the allowability of SPCs, Tim Russell details further recent developments on the same issue.

Broad terms and class heading – has “IP Translator” taken away trade-mark protection? – Kate Szell indicates that it might be time for businesses to review European trade mark portfolios following a decision by the CJEU which could restrict the scope of existing trade mark registrations.

A fashionable monopoly – Christian Louboutin v Yves Saint Laurent – Julia McFarlane details the US Court of Appeal’s decision on protecting single colours as trade marks by the
fashion industry

G1/10 – correcting errors in granted European patents – Sian Gill reports on how a recent decision of the Enlarged Board of Appeal of the EPO has altered options for correcting errors in granted patents.

Feeling used? Genuine use of a European Community trade mark – The Advocat General has issued guidelines on what constitutes genuine use of a CTM ahead of a decision by
the CJEU. David Birchall discusses the implications.

Filing observations on PCT applictions – George Hudson details an announcement by the World Intellectual Property Office.

The patent battle between Samsung and Apple, and what we can learn – The battle between these two giants rages on; Simon Taor takes a look at the story so far and gives an
indication of how the outcome might affect other large businesses.

The EPO gets personal on personalised medicine – Tanya Heare takes a look at the implications for pharmaceutical patents created by the ability to recognise specific variants in an individual’s genetic make-up.

The R&D Relief Scheme – Steven Charlton explains, with guest author Laurence Bard of accountants Smith Williamson, tax relief on research and development spending.

Relaxing the PCT (UK) Fast Track – Ruth Shelton details the relaxation in requirements for using the PCT (UK) Fast Track service.

The evolution of technology – Matt Handley talks about how analysis of the US patent database might help predict the emergence of new technologies.

Nespresso’s European patent causes a stir – Not exactly smooth blend; the dispute between Nestlé and its rivals over coffee capsules goes on. Pawel Piotrowicz reports on the latest element of this dispute.

Using post-published evidence – Mylan v Yeda and Teva – Eimear Sampson summarises the UK High Court’s guidance on the use of post-published evidence.

The Unitary Patent Proposal – The debate rolls on… – Ian Grey discusses the legal challenge now happening following the decision on the seat of the Central Division

The smartphone patent wars continue: HTC v Apple in the UK – The UK Courts’ view of HTC v Apple; Alex Bruce gives an overview of the case and the ruling.

Isolated genes: product of man or nature? – Dan Day reports on a decision by the US Court of Appeals for the Federal Circuit on whether genetic material satisfies criteria needed to be considered eligible for patent protection.

Updated Guidelines for Examination in the EPO – David Taylor details the updated set of Guidelines entered into force in June this year.