The EPO Board of Appeal decision in T 0687/22 confirms beyond doubt the relevance of G 2/21 to software inventions. The decision in T 0687/22 links the case law from G 1/19 and G 2/21 to highlight the importance of establishing a credible technical effect of software invention. The Patentee in the case made
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[Guest book review] The Handbook of Fashion Law (with a discount code)
The IPKat has received and is pleased to host the review of “The Handbook of Fashion Law” (eds. Eleonora Rosati and Irene Calboli, 2025, OUP). This book review has been prepared by Spyros Sipetas, PhD candidate at the Stockholm University. Here’s what Spyros writes:The cover image portrays a photograph of
Signor …
Has green-and-orange combination acquired distinctiveness for agricultural machines? No, says the EUIPO
By Söğüt Atilla
Earlier this month, the Fifth Board of Appeal (BoA) of the EUIPO, refused the registration of a colour combination for “agricultural machines and implements, namely field sprayers” in Class 7 of the Nice Classification due to the absence of sufficient evidence demonstrating acquired distinctiveness through use under Article 7(3) EU Trade Mark Regulation (EUTMR).BackgroundAmazonen-Werke H.…
Excluding a technical feature is not inventive without evidence of a technical effect (T 1865/22)
The recent Board of Appeal decision in T 1865/22 considered the inventive step of a composition where the only distinguishing feature was a lower concentration of a component compared to the closest prior art. The prior art taught that higher concentrations of this component were advantageous. The Board of Appeal found that simply excluding a technical…
Securing market protection for cell therapies: Patents versus regulatory exclusivity
Cell therapies represent incredibly exciting science and the opportunity to treat previously intractable diseases. Cell therapies nonetheless face unique challenges in the pharmaceutical marketplace. One of these challenges is ensuring that the IP strategy for a cell therapy will secure return of investment for the product. For investors and developers, a critical consideration for all…
US Court of Appeal confirms human authorship requirement, including for AI
A Recent Entrance to ParadiseCan a work that is presented as being entirely AI-generated receive protection under copyright law? The answer, unsurprisingly, is ‘no’.Earlier this week, the US Court of Appeal for the District of Columbia Circuit upheld all previous decisions that had refused to accept copyright protection under the 1976 Act for A …
Apple variety infringement ruling sees record-breaking amount of damages in China
The Supreme People’s Court has confirmed that a New Zealand company was entitled to a record amount of compensation for the unauthorised plantings and sale of its ‘Scilate’ apple variety in China. The Court awarded RMB 3.3 million (£319,000) in damages along with an order that the defendant destroy all illegally propagated plant materials.BackgroundImage…
[GuestPost] Mending fences or moving goalposts? The fine line of patent amendments in Ensygnia v Shell
General Court: Conceptual identity in different languages insufficient for likelihood of confusion
The EU has 24 official languages and there is a significant number of people who speak further languages like Russian. This raises the question if signs are confusingly similar where one is the translation of the other. In a recent judgment, the General Court dealt with trade marks sharing the words ‘may tea’ in…
Morley’s: Is the average consumer tired, hungry and intoxicated?
Copilot (prompt as Alt Text in image)In a judgment handed down, appropriately, on Friday last
week, the Court of Appeal dismissed an appeal by various proprietors of
fast food outlets against a finding that they had infringed the trade mark
rights of another, more famous, fast food franchise. The case is Morley’s (Fast
Foods) Ltd …
