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Why a Patent?

Written by Rehana Ali on 28 October 2014

Patents are notoriously difficult to obtain, but in certain defined circumstances they are granted. The following article looks at reasons for the use of the same.
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Patents explained

Written by Rehana Ali on 15 October 2014

The following article provides a brief introduction into patents and the procedure for the granting of the same in the UK.
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Protecting fashion- its cool to rely on unregistered designs

Written by Michael Coyle on 30 August 2014

The fashion industry is always on the move. So an ideal way to protect copying is to seek to rely on a law introduced some ten years ago. Its known as the Community Design Regulation (6/2002/EC) and it introduced two forms of Community-wide design protection. Today I'm looking at unregistered design right.
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PatSnap targets patent business market

Written by Izaz Ali on 30 August 2014

Whilst Snapchat https://www.snapchat.com/ has been valued at billions another cool snap service has been launched targeting new innovation and Patents. PatSnap allows people to quickly search the database of hundreds of millions of patents granted worldwide.
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Someone is making a killing but this time with a jumper

Written by Michael Coyle on 10 August 2014

The brilliant Danish serial 'The Killing' known in Denmark as the Forbrydelsen [fʌˈb̥ʁyðˀəlsən] or "The Crime" has now caught lawyers attention as a legal fight has arisen over a jumper. The jumper is a wooly masterpiece and became a cult fashion item for every 'wannabee catch a serial killer'. You can see a picture of the jumper here http://en.wikipedia.org/wiki/The_Killing_(Danish_TV_series)
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Bose to beat Beats?

Written by Michael Coyle on 27 July 2014

Boston based Bose Corporation has filed a legal complaint against Beats Electronics for allegedly infringing Bose's patents related primarily to its noise-cancelling headphones. Bose has some 30 U.S. patents and applications.
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Intellectual Property Act 2014

Written by Michael Coyle on 21 May 2014

The Intellectual Property Bill received Royal Assent this week and seeks to reform the law relating to designs and patents. The Intellectual Property Bill 2014 introduces the proposals as set out in the Hargreaves review. The most crucial aspect is the harmonisation of designs and copyright law.
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Patents and the meaning of obvious

Written by Michael Coyle on 20 May 2014

The EPO and UK tests for assessing the requirement of “inventive step” – Is it obvious? The law governing patents in the United Kingdom is today contained in the Patents Act 1977 (thereafter “PA 1977”). This Act was adopted both to implement, inter alia, the European Patents Convention (thereafter “EPC”) concluded in Munich in 1973, and to modernise the existing UK patents legislation dating back from 1949. One of the aims of the EPC was to lay down a set of rules that would be common to all 13 Member States, making it therefore possible with one application to obtain and enforce a patent in up to 13 countries. Consequently, one major characteristic of the PA 1977 is the strong similarity between the wording of some of its main provisions and the corresponding provisions of the EPC. A good example is provided by section 1 (1) PA 1977, that laid down the four requirements for an invention to be patentable, which is almost identical to article 52 (1) and (2) EPC.
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Apple to stop car texting

Written by Michael Coyle on 26 April 2014

News broke this week over Apple's development of technology that would make it impossible to text while driving. This could not come soon enough for motorists in Nottingham whose officers stopped more than 1,000 motorists for illegally using a phone at the wheel. Anyway don't get too excited, the patent was filed in 2008!
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European Patents

Written by Michael Coyle on 24 April 2014

Fancy a patent in Europe? A European Patent application may be filed at the European Patent Office in English and can designate any of thirty states which are party to the European Patent system. These are currently: Albania, Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Macedonia, Monaco, Netherlands, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, Switzerland (including Lichtenstein), Turkey and the UK.
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PCT and International patents

Written by Michael Coyle on 24 April 2014

PCT Patent Applications An International Patent application may be filed in English at the UK or European Patent Office and may designate any over one hundred countries or regions (including the UK). A separate “Designation Fee” must be paid for each country or region designated at the date of filing the application (although there is no fee for the sixth and each subsequent designated country or region).
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Software patents- final decision

Written by Michael Coyle on 01 April 2014

Yesterday the US supreme court will consider when software is eligible for patent protection. Arguments will be heard from lawyers for Alice Corporation, which holds patents for a computer system that facilitates financial transactions. Other parties such as Google, Dell, and Verizon have all filed legal papers weighing in on the issue.
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Dragons' Den man distraught

Written by Michael Coyle on 08 March 2014

There are 2 sides to EU designs registered and unregistered. The latter is created automatically, the former is a system where you need to file a design and obtain a certificate. But what laws apply?
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How do you interpret a patent

Written by Michael Coyle on 08 March 2014

How do the courts consider the construction of a patent? Its crucial in any draft that the inventor focuses on the claims.
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The fight back against patent trolls

Written by Michael Coyle on 28 February 2014

What would you do if you saw a troll under a bridge and he threatened you with a patent. Well fight back- this is what some of the big boys have been doing...read on..
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Patent Trolls and the UK

Written by Daniel Selby, an under-graduate student of Law on 16 December 2013

A look at what Patent Trolls are and what is being done to combat them.
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Fashion and IP what rights do you have

Written by Michael Coyle on 14 December 2013

Its a huge industry. Almost everyone in the UK is affected by it and its worth billions to the UK economy. So what is the best way to protect the designs and get up behind this iconic industry. The answer is in IP, the Intellectual Property behind the name, the design, the registered design, the drawings,copyright etc. So lets read about this in more detail here and a quick plug to protectyourdesign.com coming soon!
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The Intellectual Property Bill

Written by Tom Mould, Work Experience Student at Lawdit Solicitors Ltd on 10 December 2013

A brief look at the Intellectual Property Bill [HL] 2013-14, and it's proposed changes to the current law of Intellectual Property in the UK
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Jewellery and IPR

Written by Saowanee Kristin, a post-graduate student on work experience at Lawdit on 15 November 2013

Breakfast at Tiffanys…don’t forget the main ingredient Jewellery can be stolen- and so can the designs. If you are a jewellery designer and make jewellery ensure you know what IP rights you have in your work to prevent others from copying and taking the profit!
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Sex and Bondage and Design Right

Written by Michael Coyle on 09 November 2013

Sex in a swing and ideal design I am currently dealing with a case concerning a penis ring, in the Intellectual Property Enterprise Court which used to be known as the Patents County Court. I may be relying on a decision last month concerning a claim for claim for infringement of a design in a metal frame and certain parts of a leather sling, both made for sexual and bondage activities. It seems Party A use during sexual activities involving bondage. The case was Uwug Ltd and another v Derek Ball t/a RED [2013] EWPCC 35, 30 July 2013, before Miss Recorder Michaels.
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No patent for software data transfer

Written by Michael Coyle on 14 September 2013

The High Court earlier this month rejected a claim for a patentable invention based on software that sought to transfer data between two connected computers via email.
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The history of Patent and Design disputes between Samsung and Apple

Written by Harmeet Anand on 20 August 2013

Samsung and Apple have been in the middle of arguably the most heated patent dispute of all time. Both companies have been going back and forward with claims and counterclaims of patent and design infringement for two years. Their courtroom battles between the two have involved fifty different lawsuits over ten different jurisdictions. The most heated of the disputes between the companies took place in the British and American courtrooms.
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New Intellectual Property Bill

Written by By Harmeet Anand, a Work Experience student at Lawdit on 19 August 2013

A new intellectual property bill is currently making its way through the House of Commons. The Bill introduces some changes to design rights in the United Kingdom.
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Samsung Still Going Strong

Written by Charlotte Newlyn, Charlotte is a university student on work experience at Lawdit on 13 February 2013

Samsungs sales haven't been affected despite various disputes over patents with Apple.
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Stem Cell Inventions

Written by Corinne Day on 10 February 2013

This article looks at a recent decision from the Enlarged Board of Appeal regarding the patentability of stem cell inventions.
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Patent Wars

Written by Michael Coyle on 06 June 2012

Google fires a complaint to the European Commission as the patent wars escalate.
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The 'Overall Impression' Test

Written by Aneela Akbar on 23 May 2012

The overall impression test concerning Community Registered Design Infringement in Procter & Gamble Co v Reckitt Benckiser.
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Patent Wars

Written by Michael Coyle on 25 October 2011

The BBC report on the ever increasing patent wars
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Registered Designs - An Overview

Written by Jody Tsigarides on 11 August 2011

Registered Designs provide a cost effective way of establishing protection. Essentially a Registered Design protects the 'overall impression' of a product.
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Spotify Under Fire

Written by Jody Tsigarides on 02 August 2011

It has been reported that legal action has been taken against the owners of Spotify for Patent infringement.
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The Significance of Claims

Written by Aneela Akbar on 28 April 2011

The claims of a Patent play a big part in the protection of inventions and are the legal basis for protection.
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Microsoft to challenge Patent Law

Written by Aneela Akbar on 18 April 2011

There is set to be an attack on current law which requires a defendant that is said to have infringed a patent to prove by clear and convincing evidence that the Patentee’s invention is invalid.
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First Ownership of a UDR

Written by Ben Evans on 08 April 2011

Where a design qualifies for protection as an unregistered design right under the CDPA 1988 the first owner of the UDR is not always the same. This article briefly identifies the first owner in a number of common situations.
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EU Design Defences

Written by Ben Evans on 18 March 2011

This note looks at the defences available in infringement actions for Registered Community Design Rights (RCD) and Unregistered Community Design Rights (UCD).
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Computer Program Patents

Written by Ben Evans on 30 January 2011

There are three basic requirements for a UK patent, patents for computer programs on the other-hand are significantly more complex.
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Registration of Transactions

Written by Ben Evans on 07 January 2011

Where a patent is the subject of an assignmment or licence then an assignee or licensee of the patent can register the transaction with the UKIPO.
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Priority Dates

Written by Michael Coyle on 19 December 2010

A review of priority dates and the applicable legislation
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An Overview of Software Patents in English Law

Written by Aasim Durrani on 06 December 2010

Software patents are a complex area of the law where interpretation requires consideration of a substantial body of case law. The starting point when considering whether a computer program can be patented is section 1 of the Patent Act 1977. The English courts have interpreted this section in a way which transposes the requirements of Article 52 of the European Patent Convention 1973 ("EPC") into English law and Article 52(2)(c) states that computer programs are not capable of being patented.
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Patent Infringement Defences

Written by Ben Evans on 26 November 2010

There are 7 main defences / exceptions to patent infringement claims. This article briefly outlines each of the possible defences.
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Patents

Written by Ben Evans on 29 October 2010

A Patent is a legal monopoly giving an inventor (or his employer) the exclusive right to make, sell, import or otherwise use his invention. Patents are territorial and the present procedures sheet relates to UK Patents.
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No online patent filing for now

Written by Ben Evans on 21 October 2010

The UK Intellectual Property Office's (IPO) online patent and trade mark filing and searching services have been unavailable for the past week after an attacj on the website.
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Language Dispute Disrupts Efforts to Agree Common EU Patent System

Written by Aasim Durrani on 14 October 2010

European ministers are struggling to reach an agreement on establishing a common EU patent system aimed at cutting registration costs significantly for European businesses. Ministers have agreed to establish a new European Patent Court but the language in which patents should be submitted and granted is currently a bone of contention.
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What is making?

Written by Ben Evans on 15 September 2010

Under section 60(1)(a) of the Patents Act 1977 a patent is infringed by the making (without consent of the proprietor) of the product in the UK.
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Double patenting and European patents

Written by Ben Evans on 15 September 2010

Under the Patents Act 1977 where two or more patent applications are made for the same invention, with the same priority date and filed by the same applicant then the patent may be refused. A recent EPO appeal hearing has considered the same in relation to European patents.
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Changes to the Patents County Court

Written by Ben Evans on 14 September 2010

Various aspects of the civil procedure rules are to be updated with effect from 01 October 2010, in particular rules relating to the Patents County Court have changed in an attempt to reform the court into an effective forum for IP litigation.
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Registered Designs

Written by Ben Evans on 03 September 2010

This article takes a brief looking at registering designs in the UK and EU.
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Interval Licensing v Everyone

Written by Ben Evans on 01 September 2010

Interval Licensing a company owned by Paul Allen, a co-founder of Microsoft, has issued patent infringement claims against AOL, Apple, eBay, Google, Facebook, Yahoo, Netflix, Office Depot, OfficeMax, Staples and Youtube.
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Interval Licensing v Everyone

Written by Ben Evans on 01 September 2010

Interval Licensing a company owned by Paul Allen, a co-founder of Microsoft, has issued patent infringement claims against AOL, Apple, eBay, Google, Facebook, Yahoo, Netflix, Office Depot, OfficeMax, Staples and Youtube.
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Oracle sue Google

Written by Ben Evans on 20 August 2010

Search engine behemouth Google has been sued by Oracle over Google's Android mobile phone operating system. Oracle claim that the Android system infringes their patents in Java.
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Damages in patent litigation in the UK

Written by Corinne Day on 28 July 2010

Once liability has been established in favour of the patent owner, the patent owner has a choice of whether to recover his lost profits (compensatory) or an account of the infringer’s profits (restitutionary).
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Patent licences

Written by Corinne Day on 26 July 2010

In summary, a patent licence enables a third party to exploit an invention, giving that third party the legal right to manufacture, use, sell or import the patented invention.
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US and UK patents

Written by Tim Mount on 20 June 2010

The patent system in the UK, and Europe, varies in many ways to the patent protection available through the US system. Patent reform may be afoot however.
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Design Rights

17 June 2010

The law of Design Rights is governed by The Copyright, Designs and Patents Act 1988 (CDPA).
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Why do a search?

Written by Tim Mount on 06 June 2010

Simple question, simply answered. Patent searches are only as good as the people who do them.. we will also make sure you are given the results in a way that you can understand what they mean.
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Artificial Life is Patentable

Written by Tim Mount on 23 May 2010

Following on from the revelation two days ago that Dr Craig Ventner has created artificial life in the laboratory, what does this mean for patents??
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NPEs and injunctions

Written by Tim Mount on 18 May 2010

Non Practising Entities are firms or individuals that own patents but do not practice them.
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European Patent Applications

06 May 2010

European Patent application may be filed at the European Patent Office in English and can designate any of thirty states which are party to the European Patent system.
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Patents and Employees

Written by Jody Tsigarides on 30 April 2010

So what happens if a person invents something in the course of their employment which goes on to be patented?
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Computer programs: patentable or not patentable?

Written by Corinne Day on 21 April 2010

It is well established that in the UK and Europe, computer programs are not patentable "as such". However, the application of a computer program may be patentable if it possesses "technical character".
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UK design right protection

Written by Tim Mount on 28 March 2010

Like copyright but for the 3D aspects of a design, UK design right protection arises automatically at the end of the year in which a design is created.
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Nokia and Apple

Written by Tim Mount on 15 March 2010

A case hitting all the patent litigation headlines, Nokia and Apple slug it out over patents and cellphones.
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WIPO figures

Written by Tim Mount on 07 March 2010

The World Intellectual Property Office posted its figures on 2009 international patent applications in February.
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Prior use

Written by Tim Mount on 28 February 2010

What effect does prior use have of a product before the filing date?
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Prior use and making available

Written by Tim Mount on 28 February 2010

How does prior use interrelate with the requirement that to destroy novelty an invention must have been made available to the public?
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Facebook patent

Written by Tim Mount on 28 February 2010

Facebook have very recently received grant of a patent in the US.
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What are patents II

Written by Tim Mount on 21 February 2010

What is a patent, what does it do, what is for, and why do we have them. Part 2.
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Patent insurance

Written by Tim Mount on 14 February 2010

Fast becoming a necessity, patent insurance protects owners of patents from infringement, in that it helps with the costs of pursuing infringers, and it helps with the costs of being accused of infringement.
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Patent litigation reform in the UK

Written by Tim Mount on 14 February 2010

Following the January recommendations by Lord Jakson into civil litigation, we focus on the proposed reforms in the intellectual property arena, and patents court.
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Sharp and Samsung

Written by Tim Mount on 14 February 2010

A big battle over LCD television screens in the patent courts of the world between two leading players finally reached a settlement in the last week.
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Patent notices

Written by Izaz Ali on 13 February 2010

If you have patent it is advisable that you mark the goods with the words 'Registered registered, Patent Number...'
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Fact File Registered Designs

Written by Michael Coyle on 04 February 2010

Registered Designs protect 'the appearance of the whole or a part of a product'. This includes, in particular 'the lines, contours, colours, shape, texture or materials of the product or its ornamentation.'
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Sufficiency

Written by Tim Mount on 31 January 2010

Last year in the patent courts - insufficiency and Biogen. Generics v Lundberg.
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Patent start

Written by Tim Mount on 24 January 2010

Where to start... Patents from the beginning. Lawdit can help you through what could be the defining feature of your life if you have an invention.
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Patent point II

Written by Tim Mount on 24 January 2010

What about people who do not even bring their invention to market. Who just invent and do no production. Surely that is a bad thing for humanity?
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Patent point

Written by Tim Mount on 24 January 2010

Patents are not always understood to be a good thing. BUt there is an argument in their favour. Here is some of that argument, which might help you feel better about profitting from your gift to humanity!
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The power of IP5

Written by Corinne Day on 13 January 2010

The world’s five largest intellectual property offices have joined forces to streamline the patent application process...
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Design Basics

Written by Waheedan Jariwalla on 08 January 2010

This article take you through the basic issues concerning a registered design right.
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Design infringement

Written by Corinne Day on 21 December 2009

A proprietor of a design has an exclusive right over that design for a period of 25 years.
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Boegli-Gravures SA v Darsail-ASP Ltd EWHC 2690 Pat (2009): Test Purchases

Written by Corinne Day on 11 December 2009

The High Court in the case of Boegli-Gravures SA (‘BG SA’) v Darsail-ASP Ltd (‘D Ltd’) EWHC 2690 has held that a test purchase of an essential element of a patented invention carried out by a private investigator on behalf of the patentee is not itself an infringement, but is evidence of a threat to infringe.
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Patent Tax - Pre-Budget Report

Written by Jody Tsigarides on 10 December 2009

It has been reported that the Government is proposing to slash corporation tax on income made from Patent exploitation.
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Patent royalty tax rates

Written by Tim Mount on 10 December 2009

Alistair Darling announced a drop in the corporation tax on patent royalties yesterday in the Pre-Budget Report.
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A single EU patent?

Written by Corinne Day on 08 December 2009

EU Member States have recently signed an agreement that may lead to a single EU patent.
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Unjustified threats of patent infringement

Written by Corinne Day on 25 November 2009

The recent case of Zeno Corp & Another v BSM-Bionic Solutions Management GmbH & Another (2009) EWHC 1829 (PAT), heard in the High Court, has revisited the question of what constitutes unjustified threats of patent infringement.
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Rambus Inc caps royalty rates for DRAM patents

Written by Corinne Day on 24 November 2009

The US company, Rambus Inc, provider of high-speed interface technology, well known for its aggressive intellectual property based litigation practices following the introduction of DDR-SDRAM memory, has offered to cap royalty rates for its DRAM patents.
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Flying carpet theorist refused a patent

Written by Yangyang Li on 30 October 2009

Professor Zagyansky, who says Albert Einstein's theory of relativity is wrong and claims to have discovered a new magnetic force that appears to support flying carpets and perpetual motion, has been refused by the European Patent Office (EPO) for failing to describe a patentable invention.
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INTERNATIONAL PATENT APPLICATIONS (PCT)

Written by Jody Tsigarides on 27 October 2009

An International Patent application may be filed in English at the UK or European Patent Office and may designate any of over one hundred countries or regions (including the UK).
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Patent Assignments

Written by Jody Tsigarides on 20 October 2009

A very common aspect of patent protection and exploitation is the assignment of a patent to a third party.
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Whirlpool v LG - Patent Fight on Ice

Written by Jody Tsigarides on 16 October 2009

It has been reported this week that LG Electronics Inc have released a statement regarding a US International Trade Commission Judgment in its favour.
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Patent Victory for Skype

Written by Lawdit Solicitors on 08 October 2009

It has been reported this week that two patents owned by Peer Communications Group have been declared invalid.
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Patent for a Potato Chip!

Written by Lawdit Solicitors on 05 October 2009

It has been widely discussed this week that an application has been made for a patent over a pre-salted potato chip (crisp).
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Twitter sued

Written by Michael Coyle on 28 September 2009

Twitter received a Patent Claim this week accused of Patent infringement
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Ownership of Unregistered Designs

Written by Ben Evans on 24 September 2009

If an unregistered design is created in the course of someone's employment then the design is owned by the employer by virtue of s214 CDPA 1988.
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Claiming a right to the invention.

Written by Michael Coyle on 19 September 2009

This article details how you can issue a claim if you believe that you have a right to an invention, if you are successful you could receive compensation under the Patents Act 1977.
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Patents. Why bother?

Written by Michael Coyle on 19 September 2009

Applying for and obtaining a patent can be costly and time consuming, this article discusses the positives.
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3 ways to protect you Community Design in the Europe

Written by Jane Coyle on 07 September 2009

There are three ways in which you can protect your right in a design. This article takes a look at Community registered designs, unregistered community designs and international applications for an industrial design.
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Patent infringement

Written by Riyaz Jariwalla on 05 September 2009

This article outlines the issues that relate patent infringement with reference to the Patents Act 1977
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Patent Case Watch

Written by Michael Coyle on 30 August 2009

Cranway, in this case sought to enforce its patent for online gambling but was the cliament right to cash in their chips?
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No sting in the patent.

Written by Michael Coyle on 27 August 2009

A case in July concerned a patent for insect and spider bites - under section 70 of the Patents Act 1977 the court made an interesting statement which covered threats to sue.
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Infringement of Unregistered Design

Written by Jane Coyle on 22 August 2009

This article takes a look at instances of primary and secondary infringement in relation to an unregistered design right under the Copyright, Designs and Patents Act 1988.
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Has my design been copied?

Written by Michael Coyle on 21 August 2009

Under the Copyright Designs and Patents Act 1988 section 226 you could claim redress if another has copied your design - but that copying must be identical or substantial.
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Registered Designs - Grace Period

Written by Jody Tsigarides on 05 August 2009

A registered design application can be defeated if the design for which protection is sought is not new. A design will be deemed to be not new if it has been disclosed to the public. However the Registered Design Act 1949 allows for a 12 month grace period during which the design may be disclosed to the public.
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Registered Designs - General Overview

Written by Jody Tsigarides on 03 August 2009

Registered Designs provide a cost effective way of establishing protection. Essentially a Registered Design protects the 'overall impression' of a product.
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Patent laws and unjustifed threats

Written by Michael Coyle on 01 August 2009

What would you do if your patent had been infringed? Would you write a letter of claim? This article takes a look at the instances of threatening to sue under section 70 of the Patents Act 1977.
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Rights and Duration of Registered Designs

Written by Jody Tsigarides on 30 July 2009

Registration of a desing gives the owner of the design the exclusive right to use that design as well as any similar design which gives the same overall impression to an informed user.
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When it rains it pours

Written by Muhammed Poswall on 12 July 2009

This article takes a look at the Cembrit Blunn Ltd & Dansk Holding v Apex Roofing Services LLP & Roy Alexander Leader case
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Cheap generic drugs delay

Written by Jane Coyle on 11 July 2009

The European Commission is to launch an investigation into why there is a delay in introducing cheap generic drugs into the market - we have the details inside.
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Patents and mediation

Written by Jane Coyle on 11 July 2009

If you are in a dispute over your patent you may wish to consider Mediation - hear are the advantages.
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Protect my designs

Written by Michael Coyle on 02 July 2009

We are often asked how best to protect a design. There are a number of methods. Some of which are unregistered rights and some of which remain registered rights. The unregistered designs do not allow for a monopoly on your design ( as opposed to a registered design) but the law affords you the following protection Design right.
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A Skilled Man or Nerd?

Written by Michael Coyle on 24 June 2009

An interesting read - this article discusses the relationship that the nerd and the skilled man has with his inventions and the explaination of the same.
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Aerotel non-obviousness

Written by Tim Mount on 14 June 2009

Aerotel argue that their patent is not obvious because it has achieved commercial success. The Court of Appeal find this is not relevant in this instance.
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Design rights - introduction

Written by Waheedan Jariwalla on 07 June 2009

This information may be useful if someone challenges your rights in the design or if you believe someone is infringing your rights and you wish to take the alleged infringer to court
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Green is Good

Written by Tim Mount on 07 June 2009

In a recent press anouncement the UK IPO announced its encouragement of patent applications with an environmentally aware element. Prosecution for green patent apps can be accelerated twice as fast at the UK Patent Office.
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UK case law on stays

Written by Tim Mount on 24 May 2009

Glaxo Group Limited v (1) Genentech (2) Biogen was a Court of Appeal decision which covered the issue of stays in UK proceedings on EP patents where there are parallel proceedings at the EPO
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U.S. Design Patents

Written by Waheedan Jariwalla on 14 May 2009

This article provides a detailed account of patents in the US; this is a must read.
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Design right - Licences of Right

Written by Tim Mount on 10 May 2009

What is a licence of right, are they available for design right, when and under what circumstances. Based on the Copyright Designs and Patents Act 1988 statute.
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Design right

Written by Tim Mount on 03 May 2009

What is desgn right and how is it explained by the governing statute The Copyright, Designs and Patents Act.
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Top of Form; the patentability of software.

Written by Jane Coyle on 25 April 2009

This article provides a discussion on the US Federal Court's new test for restricting the patentability of software, the author then goes on to consider the test's implications in Europe and ultimately the UK.
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Patents in a recession

Written by Tim Mount on 17 April 2009

Patents are good things to have when the traditional bread winners fail. Read this and let me convince you to file an application.
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Patent News

Written by Michael Coyle on 23 March 2009

Two brief articles on reducing fees and a uniformed patent treaty
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Kelly and Chui v GE Healthcare Limited

Written by Corinne Day on 20 February 2009

In this recent case, two employees were awarded 1.5m GBP in compensation under the Patents Act 1977 for the 'outstanding benefit' that their invention conferred on their employer.
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Selection Patents

Written by Corinne Day on 11 February 2009

An invention, to be patentable, must be novel and involve an inventive step. However, selection patents appear to have developed as an exception to this rule.
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Is software patentable? Episode II

Written by Tim Mount on 10 February 2009

So you have a software programme and you want to patent it.. Is software patentable in the UK? Part 2 of an overview of the patentability of software
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Is software patentable? Episode 1

Written by Tim Mount on 10 February 2009

So you have a software programme and you want to patent it.. Is software patentable in the UK? Part 1 of an overview of the patentability of software
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Stem Cell Inventions

Written by Corinne Day on 10 February 2009

This article looks at a recent decision from the Enlarged Board of Appeal regarding the patentability of stem cell inventions.
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New Patent Databases

Written by Corinne Day on 30 January 2009

The UK Intellectual Property Office have recently stream lined the patent database system.
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Virgin Atlantic fail in flat-bed seat suit

Written by Tim Mount on 23 January 2009

Virgin Atlantic intend to appeal their recent failure in a suit against airline seat manufacturer Contour (Premium Aircraft Interiors). Virgin were seeking large damages and an injunction to stop Contour manufacturing a flat-bed aircraft seat that Virgin believed infringed unregistered design and patent rights they hold in their Premium bed seats.
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Two new databases launched by UK IPO

Written by Tim Mount on 20 January 2009

Two new searchable free online databases have been launched by the UK Intellectual Property Office. These databases comprise a register of patents endorsed Licence of Right and a register of granted patents no longer in force for the development of commercial opportunities
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Registered Designs - Illustrations Used on an Application

Written by Jody Tsigarides on 07 January 2009

When you decide that you wish to file a registered design application you must think carefully of what illustrations you intend to submit. These illustrations must represent your design in full and leave no dount as to what it is you are seeking to protect.
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Challenging a Patent

Written by Jody Tsigarides on 06 January 2009

A patent can be challenged. Every Patent application will be assessed by a skilled Patent Examiner to ensure that it complies with the relevant statutory provisions governing Patents. However it is not possible for the Examiner to know every possible piece of prior art that may exist and as a result anyone is permitted to apply to the Patent County Court or High Court or to the Intellectual Property Office to have a Patent revoked.
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WIPO Launch New Patent Search

Written by Jody Tsigarides on 23 December 2008

WIPO, the administrators of the Patent Cooperation Treaty (PCT) has announced that from 01 January 2009 it will launch a new and enhanced Patent search facility.
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Inventive Step

Written by Jody Tsigarides on 12 December 2008

For a patent to be registrable it must involve an inventive step
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Can I Sell a Patent

Written by Jody Tsigarides on 26 November 2008

A patent (once granted) is a piece of property. It is yours to sell as you wish.
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Why Should I Patent My Invention?

Written by Jody Tsigarides on 25 November 2008

Being able to commercially exploit your invention is essential to ensuring that you are rewarded for the time and expense in creating something which is novel to the particular art. However, where there is money to be made others will seek to profit at your expense.
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The Benefits of a Registered Design

Written by Jody Tsigarides on 21 November 2008

Registered Designs are often the unsung heroes of Intellectual Property law. A Registered Design is not only effective in terms of its enforcement but is also relatively cost effective.
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International PCT Patent Applications

Written by Tim Mount on 11 November 2008

Overview of the procedure and stages for making a PCT International Patent Application, to offer the applicant the possibility of obtaining patent protection in many different countries at many different international Patent offices
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European Patents

Written by Tim Mount on 11 November 2008

A brief but helpful overview of how to apply for a European Patent under the EPC and the stages involved in applying for a patent in Europe
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Security for Patents

Written by Michael Coyle on 07 November 2008

Raising finance on the strength of your intellectual property is difficult and may be achieved if your Intellectual Property is valuable.
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Patent Superhighway

Written by Michael Coyle on 05 November 2008

The Patent Office has extended the pilot programme between the UK offie Japan and the USA
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PCT Part III

Written by Tim Mount on 29 October 2008

Continuing the description of the PCT International Patent Application process
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Patents in Europe

Written by Tim Mount on 29 October 2008

European Patents are granted through the EPC (European Patent Convention)
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China and patents II

Written by Tim Mount on 13 October 2008

China's combination of the 'utility model' patent system - where applications can be granted in under a year giving monopoly protection for 10 years - and a first-to-file approach to inventorship, creates some unfortunate consequences.
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PCT Part II

Written by Tim Mount on 11 October 2008

PCT is an acronym of the Patent Cooperation Treaty, as administered by WIPO (the World Intellectual Property Organisation).
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Software Patents and Microsoft

Written by Tim Mount on 01 October 2008

Microsoft have filed for a patent in the US on software that monitors workers at their desks by remotely measuring their productivity and physical wellbeing. The media have dubbed it the Big Brother patent but it is officially known as Monitoring System 500 (MS500) and may be granted within the year.
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Design Law in the Fashion Industry

Written by Corinne Day on 30 September 2008

The clothing industry have been calling for stronger worldwide intellectual property protection for fashion designs because they fear major losses from counterfeiting.
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Novelty

Written by Tim Mount on 28 September 2008

A patent application may be granted where have industrial application, an inventive step and novelty. An invention shall be taken to be new if it does not form part of the "state of the art" (section 2, Patents Act 1977). State of the art consists of all matter, whether a product or simply information which has at any time before the priority date of that invention been made available to the public in the UK or elsewhere. This is known as a prior disclosure and does not cover disclosures made in confidence, for instance to solicitors or under non-disclosure agreements (‘NDA’s.)
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Patent Trolls

Written by Tim Mount on 27 September 2008

Patent trolls are companies or individuals who possess patents, perhaps many, and sit on these patents waiting (perhaps under a bridge) to aggressively pursue others for infringement. A less pejorative term is Non Practising Entities (NPE). These patent owners do not use (i.e. licence or assign) or manufacture on the basis of their patents or patent portfolio. Many instead see patent ownership as a means of hijacking another’s success in their field, with minimal effort or expense.
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TM Nintendo Wii and US

Written by Tim Mount on 23 September 2008

In a recently filed lawsuit in the US, Nintendo has been accused of violating US patents with its Wii console.
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Registered Designs

Written by Corinne Day on 18 September 2008

Registration of a logo by way of a registered design is an alternative to trade mark registration and can even provide additional protection in respect of a logo which has or will be registered as a trade mark.
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Registered Designs Act 1948

Written by Corinne Day on 17 September 2008

According to the Registered Designs Act 1948, a 'design' means the appearance of the whole or part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself or its ornamentation.
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Examination Procedure of Registered Designs in Europe

Written by Jane Coyle on 12 September 2008

A European Registered Design application must contain an indication of the product, worded in such a way that its nature is clearly indicated, preferably using the terms appearing in the list of products according to the internationally agreed 'Locarno' classification of products.
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Pursuing Infringers of a Registered Design

Written by Jane Coyle on 08 September 2008

Infringement of a UK registered design occurs when a person does anything which infringes the registered proprietor's exclusive right to use the design or any design which does not produce a different impression on the informed user (taking into account the degree of freedom of the author in making his design)
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Unregistered Design Rights and the Dyson Case

Written by Jane Coyle on 07 September 2008

Unregistered design right cannot be applied to design features of an article if the appearance of those features is dependant on that of a larger article of which it is intended to form an integral part.
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Patents, costs and Likely time scale

Written by Michael Coyle on 06 September 2008

A Patent is a legal monopoly giving an inventor (or his employer) the exclusive right to make, sell, import or otherwise use his invention. Patents are territorial.
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Selling Your Registered Design

Written by Jane Coyle on 05 September 2008

The owner of a registered design may assign it by a written assignment which must be signed by, or on behalf of, the assignor. The assignee must register the assignment at the Designs Registry and applications for registration are made on Designs Form DF12A.
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Who owns unregistered designs

Written by Jane Coyle on 03 September 2008

If the design is created in the course of someoneís employment the ownership of the design belongs to the employer. Essentially this is the same as copyright.
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Unregistered Design Rights and Originality

Written by Jane Coyle on 29 August 2008

Design is defined as ëany aspect of the shape or configuration (whether internal or external) of the whole or part of the articleí. The design must be original and not common place in the design field in question. No right subsist unless the design is recorded in a document or an article has been made of the design.
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Patent Procedure and Patent Laws

Written by Michael Coyle on 26 August 2008

If you feel you have an idea worthy of protection it is necessary to obtain a patent.In the UK this will be at the UK Patent Office. The grant of a patent is not automatic. The grant of a patent will take skill time and money. You have to work at the process.
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Patent Law and the Basics

Written by Michael Coyle on 25 August 2008

We are often asked to file patents on behalf of our clients. Firstly we are solicitors not patent agents. We work closely with our agents ipconsult.co.uk and Neville Walker to file patents on our client's behalf. The procedure for clients to consider when filing an application is as follows:-
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Design Protection Outside the UK

Written by Jane Coyle on 19 August 2008

Registering your design in the United Kingdom does not protect it abroad. If you want to protect your design in countries other than the UK, Lawdit Solicitors can help you apply for a Registered Community Design (RCD) with the Office for Harmonisation in the Internal Market (OHIM) which is based in Alicante, Spain. The Registered Community Design gives protection in all countries of the European Union (EU).Your application will cover the following countries: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia , Slovenia, Spain, Sweden, United Kingdom.
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Design Features That Can and Cannot Be Registered

Written by Jane Coyle on 13 August 2008

If you are considering protecting your product by registered design, be aware that certain products or design features cannot be protected. There is exclusion from registrablity for features dictated solely by the products technical function. An example of this is the serrated blades of a dressmaker’s crimping shears, which create a sawtooth edge on what is cut.
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Patents and National Security Checks

Written by Waheedan Jariwalla on 01 August 2008

The UK Intellectual Property Office checks every patent application filed to identify whether it contains information which, if published, would be prejudicial to national security or the safety of the public.
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The Patent Application Process in the UK

Written by Waheedan Jariwalla on 23 July 2008

After applying for your patent in the UK, the UK IPO will check that your application meets its requirements and send confirmation of your application number and filing date. The filing date is the date the application is received.
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Foreign Applications for US Patents

Written by Waheedan Jariwalla on 17 July 2008

The patent laws of the United States make no discrimination with respect to the citizenship of the inventor. Any inventor, regardless of his/her citizenship, may apply for a patent on the same basis as a U.S. citizen. There are, however, a number of particular points of special interest to applicants located in foreign countries.
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What Is Obvious For A Patent

Written by Michael Coyle on 15 July 2008

One of the basic attacks to any patent is that it is invalid on the grounds that it is obvious. In Conor Medsystems Incorporated (Respondents) v Angiotech Pharmaceuticals Incorporated and others (Appellants) the House of Lords upheld the Patent as being valid.
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Sun Microsystems v NetApp

Written by Jody Tsigarides on 02 July 2008

The ongoing Patent dispute between Sun Microsystems and NetApp surrounding ZFS file system technology used by Sun seems like it may be coming to a resolution
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Patents: Unjustified Threats Proceedings

Written by Riyaz Jariwalla on 27 June 2008

Threats provisions were included in intellectual property (IP) legislation to address the concern that when threats to sue for infringement of intellectual property rights are made against companies, the risk of being involved in lengthy proceedings may result in them surrendering and consequently resulting in damaging the business, even if the intellectual property right is unjustified.
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Reasons for Patent Protection

Written by Jane Coyle on 10 June 2008

It is important to consider when an innovation is made how and when it should be protected before any details are published or any samples are circulated. Failure to do so can severely limit, or even wholly undermine, the scope for protecting the innovation either under patent law or as a trade secret under the law relating to confidential information.
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National Laws Governing Patents

Written by Jane Coyle on 05 June 2008

Whilst international conventions are important in protecting patent rights, such conventions deal primarily with procedural issues, while substantive patent law remains governed by national laws
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Patent Rights

Written by Jane Coyle on 03 June 2008

In contrast to copyright or the law of confidential information, patent protection does not arise automatically and the filing of an application for a patent, followed by its grant, is necessary in order to obtain protection.
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Designs Which are Not Registrable

Written by Jane Coyle on 23 May 2008

The following designs are not registrable: Computer programs (section 1(3), RDA). Features of a product which are dictated by their technical function or which are necessary in order for the product or a product which is placed next to it to perform its function known as "must fit" exemptions (section 1C(1) and (2), RDA).
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India to Patent Vital Drug

Written by Jane Coyle on 23 May 2008

The Indian Network of People Living with HIV/AIDS, the Manipur Network of Positive People and the Lawyers' Collective HIV/AIDS Unit officially submitted their opposition to a patent application filed by Glaxo Group Limited for Combivir, a fixed-dose combination of two AIDS drugs (zidovudine/lamivudine, or AZT/3TC). The opposition is based on technical and health grounds.
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Designs Abroad

Written by Jane Coyle on 23 May 2008

Registering your design in the United Kingdom (UK) does not protect it abroad. If you want to protect your design in countries other than the UK, you can do this in two ways.
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New Developments in the U.S. for Design Protection of Automotive Parts

Written by Waheedan Jariwalla on 22 May 2008

The May 6 meeting was held at Ford Motor Company’s Dearborn, Mich. design center and included representatives from Ford, Chrysler, General Motors and the Auto Alliance. Future meetings will be scheduled to provide other stakeholders - including insurance companies, independent parts manufacturers and consumer groups - with opportunities to provide their views on these issues.
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Software Patents

Written by Michael Coyle on 21 May 2008

We are often asked as to the patentability of software. A Court of Appeal decision sought to clarify the UK’s position.
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New FastTrack Procedure for Patents

Written by Waheedan Jariwalla on 20 May 2008

The United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) today announced that they intend to launch a new trial cooperation initiative called the Patent Prosecution Highway (PPH) in September.
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Nokia Patent Infringement

Written by Corinne Day on 08 May 2008

Qualcomm, the claimant in this case, owned two European patents relating to mobile phones: the first one related to an apparatus for controlling the way in which the mobile telephone reduces power consumption by monitoring a channel for incoming messages intermittently.
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Patents of a Commissioned Work

Written by Jane Coyle on 05 May 2008

Without express contractual provision, the ownership of an invention made by an independent contractor will vest with the contractor, unless the court is prepared, on the facts, to imply a term into the contract giving ownership to the party that has commissioned the work
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Remedies for Infringement

Written by Jane Coyle on 04 May 2008

A registered proprietor and an exclusive licensee may bring proceedings for infringement of a design (section 7(1) and section 24F, RDA).
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Patents Owned by Employees

Written by Jane Coyle on 03 May 2008

Many inventions are made by inventors as part of their normal employment and, whilst their names will appear on the patent specifications as the inventors, their employers will usually own the patent.
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US Patents

Written by Waheedan Jariwalla on 30 April 2008

The Constitution of the United States gives Congress the power to enact laws relating to patents, in Article I, section 8, which reads “Congress shall have power . . . to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Under this power Congress has from time to time enacted various laws relating to patents. The first patent law was enacted in 1790. The patent laws underwent a general revision which was enacted July 19, 1952, and which came into effect January 1, 1953. It is codified in Title 35, United States Code. Additionally, on November 29, 1999, Congress enacted the American Inventors Protection Act of 1999 (AIPA), which further revised the patent laws.
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Company Wins Important Ruling

Written by Jane Coyle on 18 April 2008

Summary judgment in a significant patent infringement suit concerning clustered database software has been won by Oracle Corporation.
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The Costs of Registering a Design

Written by Jane Coyle on 10 April 2008

If you wish to have your design or designs published and registered it costs GBP £60 to apply to register a single design or the first design in any multiple application.
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Who Owns the Design?

Written by Jane Coyle on 08 April 2008

If you are the creator of a design, you will be regarded as the owner of that design and entitled to apply for design registration.
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Infringement of a Registered Design

Written by Jane Coyle on 03 April 2008

Infringement of a UK registered design occurs when a person does anything which infringes the registered proprietor's exclusive right to use the design or any design which does not produce a different impression on the informed user.
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Sunglasses in Design Controversy

Written by Jane Coyle on 27 March 2008

Comic firm Marvel and film producer Twentieth Century Fox and a UK company is being sued over promotional sunglasses that are similar to those in the film Fantastic Four: The Rise Of The Silver Surfer. RDP Limited is a London-based company which sources promotional film merchandise.
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Patents

Written by Corinne Day on 14 March 2008

Patents are monopoly rights granted by the UK Intellectual Property Office to protect inventors. The relevant act is the Patents Act 1977 (PA 1977).
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Nokia Patent Case

Written by Corinne Day on 13 March 2008

The mobile phone King Nokia has won a patent infringement case against US chipmaker Qualcomm.
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Important Intellectual Property

Written by Jane Coyle on 12 March 2008

A patent dispute between MercExchange and eBay has been settled. In the case, the Supreme Court sided with the eBay in what is considered to be an important ruling on intellectual property.
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Registered Community Designs

Written by Michael Coyle on 11 March 2008

To be registered as a Community design, Article 4(1) of the Community Designs Regulation (6/2002/EC) (CDR) provides that a design must be new and have individual character.
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Must Have Individual Character

Written by Jane Coyle on 07 March 2008

Individual character is paramount to registered designs (section 1B(1), RDA). This means that it must give a different overall impression from previous designs to the "informed user", who may not be a design expert but is a person who is familiar with the products in the field (section 1B(3), RDA).
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12 Month Grace Period

Written by Jane Coyle on 06 March 2008

If a designer discloses his design he has a 12-months in which to apply for registration of the design (section 1B(6)(c) and (d), RDA).
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A Design Must Be New

Written by Jane Coyle on 29 February 2008

A design must be new (section 1B(1), RDA). An identical design (or a design differing in immaterial details only) must not have been disclosed to the public anywhere in the world prior to the relevant date (which will usually be the date of application for registration) (section 1B(2), RDA). There are some circumstances which will not constitute disclosures for this purpose however (section 1B(6), RDA.
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Reasons for a Registered Design

Written by Jane Coyle on 28 February 2008

A registered design gives 25-year monopoly right in the design. Registration gives the exclusive right to make articles incorporating the design, allowing the owner to sue for infringement even where the defendant did not copy the design.
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Features of a Design

Written by Jane Coyle on 27 February 2008

A design that is protected can be of the whole or a part of a product resulting from the features of, in particular, the contours, lines, shape, colour, texture or materials of the product or its ornamentation (section 1(2), RDA).
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Motorola v RIM

Written by Ben Evans on 21 February 2008

Motorola and Research in MOtion (RIM) are in the middle of a legal battle over patents. Both parties claim that the other is infringing their patents, this has occured since the expiry of a cross-licensing agreement in 2003.
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Design Rights and Notification

Written by Jane Coyle on 19 February 2008

The fact that notification of an IP right exists or is registered does not amount to a threat of proceedings. These provisions have been interpreted very narrowly by the courts; doing any more than sending, for example, a copy of the trade mark certificate and a covering letter drawing the recipient's attention to it, could potentially take an IP owner out of the exceptions and amount to an implied threat.
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Be Careful What You Wish For Part 2

Written by Michael Coyle on 16 February 2008

The law has been busy in establishing threat legislation over the years. Threats of proceedings for infringement of a patent include a UK or European patent (section 77(1)(b), Patents Act 1977). Threats of proceedings for infringement of a trade mark include UK, Community and International trade marks (section 52(3) and 54(3) TMA; Regulation 4, Community Trade Mark Regulations 1996 (SI 1996/1908); and Article 4, Trade Marks (International Registration) Order 1996 (SI 1996/714)).
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Who is liable for threats in design law?

Written by Jane Coyle on 15 February 2008

Statutory provisions provide that any "person" making the threats can be sued. As "person" is not defined or qualified, it is potentially very wide and could include not just the IP owner, but a licensee, user or anyone else, whether or not they have an interest in the IP right in respect of which the threats are made.
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Exceptions to an actionable threat

Written by Jane Coyle on 13 February 2008

Some activities by a suspected infringer will not be an actionable threat for an IP owner to threaten proceedings for the alleged infringement of its IP right.
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Threats in Design Law, the Objective Test

Written by Jane Coyle on 12 February 2008

A threat is to be tested objectively and is made if what is communicated is understood by the ordinary recipient as being a threat of infringement proceedings (Brain v Ingledew Brown Bennington & Garrett (No.3) [1997] FSR 511).
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Patent Decision

Written by Ben Evans on 08 February 2008

The question of whether computer software can be protected via patents has taken an interesting turn in the past week or so with the High Court finding in favour of four companies that appealed the UK IPO's decisions to reject their patent applications on the grounds that they were for computer programs.
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Microsoft Bluff

Written by Ben Evans on 05 February 2008

The Washington Post has an interesting article: http://www.washingtonpost.com/wp-dyn/content/article/2008/02/04/AR2008020401016.html about Microsoft's defence of their patents.
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Patent Fees

Written by Michael Coyle on 23 January 2008

When you file a UK patent in the UK it only provides protection in the UK. If you want protection in a number of countries then, in general a separate application has to be made in each country in which protection is desired, and the applications filed within ONE YEAR of the original filing.
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Think Secret

Written by Ben Evans on 11 January 2008

The rumour site 'Think Secret' has been shut down by the computing behemoth Apple.
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Design Right Case

Written by Corinne Day on 10 January 2008

The Court of Appeal in the case of Proctor & Gamble v Reckitt Benckiser has delivered an important judgement regarding the scope and interpretation of registered community design rights.
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Unregistered Designs

Written by Ben Evans on 23 December 2007

Unregistered design rights protect the shape or configuration of a marketable product, they are used to prevent unauthorised copying of an original design.
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Prohibitory Injunctions

Written by Michael Coyle on 20 December 2007

It is a common request....I want an Injunction to stop Mr X from doing so. I hear this request weekly. Please note that the common failings with this approach are as follows:
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Amazon Fail Again

Written by Ben Evans on 17 December 2007

Further to my recent article on how Amazon had been dealt a blow in the US over having to narrow its 'One-Click' system. Amazon have now suffered a further setback in Europe.
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Agency - The Principal

Written by Izaz Ali on 12 December 2007

The note below looks at the duties owed by a principal to its agent. These are of course subject to variation by agreement and, where they apply, The Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053, as amended by SI 1993/3173 and SI 1998/2868) (the Regulations):
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Why Do Patents Exist

Written by Ben Evans on 05 December 2007

There are various rationales for patent protection, this article explores some of the main ones.
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Patent Application

Written by Ben Evans on 21 November 2007

A patented invention is recorded in what is known simply as a patent document
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Sharing Patent Systems

Written by Sebina Auckburally on 16 November 2007

Under a new agreement both the American and the British patent office have agreed to share information on patent application and recognise each office’s patent examination reports. It is thought that this deal will aid the long patent application process to be easier and less time consuming.
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Second Non-Medical use in Patent Claims

Written by Corinne Day on 09 November 2007

It is possible for new uses of known things to be 'novel' in the patent sense, (i.e. not known) where they are directed towards a new use that is sufficiently different so not to be regarded as being part of the state of the art.
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Computer Programs

Written by Ben Evans on 06 November 2007

In general computer programs cannot be patented as they are excluded subject matter under S1(2) / Art 53 (a) Patent Act 1977
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A New Patent Process in the US

Written by Jane Coyle on 01 November 2007

The U.S. Patent and Trademark Office has a growing backlog of applications for new patents. Nearly 800,000 are in the queue. So the office developed new rules to streamline the process. They're scheduled to take effect Thursday, but a lawsuit is threatening to prevent those changes from happening. The point of the rule changes would be to simplify applications that can be thousands of pages long and would also limit the number of times rejected applications can be refiled. At the moment there is no limit.
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Why Obtain a Patent

Written by Michael Coyle on 31 October 2007

A patent is an exclusive right awarded to an inventor (or his/her employer) by the government for a 20 year period in reward for inventing a product which adds something to a particular art. A patent rewards the inventor in that he/she can obtain the fruits of his/her invention in exchange for disclosing the nature of the invention to the public.
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US Patent Office Rejects Amazon Patent

Written by Jane Coyle on 26 October 2007

Most of the claims in Amazon's controversial patent for shopping with a single mouse click have been rejected by the US Patent Office. It follows a campaign by a New Zealander who filed evidence of prior art with funding from readers of his blog.
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The Genetics of Patent Law

Written by Corinne Day on 25 October 2007

A recent case in the High Court has determined how far patent claims should be construed. Monsanto Technology LLC v Cargill International SA & Another (2007) highlights how the Courts construe patent claims covering genetic material and genetic sequences.
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Patents an Outline

Written by Ben Evans on 23 October 2007

The criteria for patentability in the UK are set out below (these are adopted from the European Patent Convention):
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What is Not a Design

Written by Corinne Day on 17 October 2007

The term 'design' is used rather flippantly. However, it is important to know when something cannot qualify as a 'design'.
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International Design Registration

Written by Michael Coyle on 16 October 2007

The EC submitted its instrument of accession to the Geneva Act of the Hague Agreement on the International Registration of Industrial Designs on 24 September 2007.
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The Test for Commonplace in Design Law

Written by Corinne Day on 12 October 2007

To examine whether a design is 'commonplace', the test is as follows. If a design is 'commonplace' then the owner of that design should not be able to prevent other traders from also using the design, and it should not be legally protected.
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New Nike Design

Written by Corinne Day on 25 September 2007

Nike has just launched a new shoe design in a bid to promote physical fitness for American Indians, a population with high obesity rates.
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UK IPO Considers Fast Track Processes

Written by Ben Evans on 24 September 2007

The UK Intellectual Property Office (IPO) are considering proposals made in the Gowers review which reccomended the introduction of a fast track process fro granting patents and registering trademarks.
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UK IPO Patent Procedure is Top

Written by Christina King on 21 September 2007

The European Patent Office (EPO), the German Patent Office (GPO) and the UK Intellectual Property Office (UKIPO) have published the results of a joint study into the productivity of the three offices.
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Fashion Design

Written by Corinne Day on 18 September 2007

One of the main reasons why shoppers love the high street is because they can bag ‘look-alike’ designer clothes at bargain prices.
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Patent Examination Co - Operation with US

Written by Christina King on 11 September 2007

Following on from the agreement earlier this year between the UK and Japanese Patent Offices regarding the accelerated examination of patent applications, The UK Intellectual Property Office (UKIPO) has recently announced a similar agreement with the US Patent Office.
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Dyson Design Case

Written by Rebecca Smith on 10 September 2007

Dyson, designer and producer of vacuums successfully sued Qualtex for infringing its unregistered design rights after Qualtex began producing spare parts for Dyson cleaners and have just upheld their position in appeal.
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Sharing Patent System

Written by Sebina Auckburally on 07 September 2007

Under a new agreement both the American and the British patent office have agreed to share information on patent application and recognise each office’s patent examination reports. It is thought that this deal will aid the long patent application process to be easier and less time consuming.
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Design Law

Written by Michael Coyle on 23 August 2007

A design may be protected as a Community Registered Design (a "CRD").
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Patent agreement with Sony and Intergraph reached

Written by Jane Coyle on 21 August 2007

Intergraph Corporation, a leading global provider of spatial information management (SIM) software, announced a patent license agreement between Intergraph's intellectual property subsidiary and Sony Corporation of Japan.
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Inventor loses patent case against Nokia

Written by Jane Coyle on 14 August 2007

An inventor who wrote his patent from scratch and conducted a legal campaign against Nokia has lost his claim for patent infringement against the mobile phone company.
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What is not a design?

Written by Corinne Day on 13 August 2007

The term ‘design’ is used rather flippantly. However, it is important to know when something cannot qualify as a ‘design’.
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Norfolk women not big on patents

Written by Jane Coyle on 07 August 2007

A charity supporting women in business has leapt to the defence of Norfolk's enterprising talent, after it was branded one of the least innovative places in the region.
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IGT v Comptroller General of Patents

Written by Corinne Day on 03 August 2007

The High Court has enforced the current UK position on the exclusions from patentability in the recent case of IGT v Comptroller General of Patents.
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Certain biological subject matter is unpatentable

Written by Corinne Day on 01 August 2007

Schedule A2 of the Patents Act 1977 (which implements the Biotechnology Directive (98/44/EC) provides that although biological products and processes are not, per se, unpatentable, certain biological subject matter cannot constitute patentable inventions.
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Basic Guide to Registered Designs

Written by Christina King on 13 July 2007

Registered design can be a used to protect a wide range of items but its benefits are often overlooked in favour of Patent or Copyright.
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Patent Office not Playing

Written by Christina King on 20 June 2007

A patent application submitted to the UK Intellectual Property Office entitled “A Gaming Device Having a Progressive Award Funded through Skill, Strategy, or Risk Dependent Gaming Event”, has been refused on the basis that it does not meet the requirements for patentability.
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Patent damages not to be refunded

Written by Jane Coyle on 15 June 2007

Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled.
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International Designs

Written by Christina King on 11 June 2007

The Office for Harmonisation in the Internal Market (OHIM) has taken another step towards helping to simplify the registration of designs in some countries outside the EU.
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International Designs

Written by Christina King on 11 June 2007

The Office for Harmonisation in the Internal Market (OHIM) has taken another step towards helping to simplify the registration of designs in some countries outside the EU.
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Talks begin again on EU wide patent system

Written by Jane Coyle on 21 May 2007

The European Commission has begun a fresh round of talks on an EU-wide patent system, trying to break a 20-year deadlock which harms the 27-nation bloc's innovation performance.
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Brazil bypasses American drug patent

Written by Jane Coyle on 12 May 2007

Brazil has decided to buy a cheap generic version of the anti-AIDS drug Efavirenz from India rather than from the holder of the patent, the American company Merck.
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Vonage seeks new patent trial

Written by Jane Coyle on 04 May 2007

The Internet phone company Vonage Holdings said that it was seeking a retrial of a patent infringement case against the company in light of a landmark patent ruling by the Supreme Court on 1 May.
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Patent secrets lead to legal fight

Written by Jane Coyle on 04 May 2007

British defence company BAE Systems is set for a legal battle over allegations that a US-owned supplier copied designs for part of a top-secret Ministry of Defence communications system worth hundreds of millions of pounds.
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New hopes for US patent reform

Written by Jane Coyle on 25 April 2007

A bill that would revolutionise US patent law has been introduced in the US Congress. Though recent attempts at reform have failed, a recent reversal in the political climate in Washington could make change likely on this attempt.
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The McPatent

Written by Husna Bano on 16 April 2007

The fast-food giant McDonalds has filed patent applications in Europe and the US that specify "the method and apparatus of making a sandwich".
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Inventions Not Patentable

Written by Jane Coyle on 13 April 2007

In the first application of the 4-step test to determine patentability following Aerotel/Macrossan, the High Court upheld the decisions of the Patent Office by rejecting two applications.
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Europe 'must deliver urgently' on patents

Written by Husna Bano on 13 April 2007

There is an urgent need for action to provide a simple, cost-effective and high-quality patent system for the European Union says a European Commission Communication issued this month.
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UK design right

Written by Michael Coyle on 15 March 2007

A design right is one which does not require any form of registration
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When is a Registered Design Novel

Written by Michael Coyle on 22 February 2007

The novelty of the design resides in the features of shape or configuration applied to the article as shown in the representations which are filed at the time of the application.
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Patent law- Claim interpretation

Written by Corinne Day on 19 February 2007

What happens if a third party who has allegedly infringed your patent has not produced something which falls exactly into your claim
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Ireland's Design wars!

Written by Michael Coyle on 13 February 2007

The Sunday Business Post one of Ireland’s leading newspapers reported last week that the high street store Dunnes was facing court action for alleged copying.
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Amazon v IBM

Written by Jody Tsigarides on 25 January 2007

The ongoing dispute between Amazon and IBM has continued with Amazon.com countersuing form Patent Infringement
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Amazon countersues IBM

Written by Jane Coyle on 20 December 2006

An ongoing patent feud between IBM and Amazon.com changed direction last week as the e-commerce giant countersued Big Blue for infringement and discredited their earlier accusations.
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The Importance of Registered Designs

Written by Christina King on 09 December 2006

Your brand is arguably your most valuable asset, registering a trade mark is a first step to protecting this but registering design of the items being sold is also an important step
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The inventive step and the 'law of collocation'

Written by Michael Coyle on 07 December 2006

Section 3 of the Patents Act 1977 states that, to be patentable, an invention must involve an inventive step. This principle is settled law in all countries in their respective national laws and the European Patent Office (‘EPO’).
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NO to weaker patents

Written by Sebina Auckburally on 04 December 2006

The Financial Times has reported that watering down patents would be opposed by businesses and academics if they gave less protection
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LG Philips wins flat-screen patent case

Written by Yangyang Li on 23 November 2006

The District Court in Los Angeles has ruled that two LCD screen manufacturers, Chunghwa Picture Tubes and Tatung Company, have infringed LG Philips's patents.
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Eczema Patent

Written by Riyaz Jariwalla on 01 November 2006

York Pharma Plc is a USA based company, which is developing pharmaceutical products for skin care, announces progress in the development of Sabarep™, York's patented treatment for atopic eczema and related diseases of the skin.
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Landmark ruling denies UK patent to Software

Written by Yangyang Li on 01 November 2006

A landmark Court of Appeal ruling has refused Australian resident Neal Macrossan the right to a patent for a piece of software he invented for filling in company formation forms online.
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Broadcom v Qualcomm in Patent Infringement

Written by Riyaz Jariwalla on 27 October 2006

The U.S. Patent and Trademark Office had accepted the application by Qualcomm Inc. to re exam a patent owned by Broadcom Corp. This is the conclusion after a dispute between the two companies over a computer chips used in mobile phones.
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$2.4 Million Dollar Settlement of Patent Case

Written by Riyaz Jariwalla on 27 October 2006

The on going Patent infringement claim against MoSys Inc. has finally come to an end as MoSys announced that it will pay $2.4 million to settle a patent infringement case filed by Uniram Technology
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Business methods cannot be patented in Israel

Written by Yangyang Li on 26 October 2006

Israeli Patent Registrar Dr. Meir Noam has ruled that business methods cannot be patented in Israel on the grounds that it did not “exist in any field of technology nor had any industrial use”.
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Sony's IP Under Threat Again

Written by Riyaz Jariwalla on 26 October 2006

A High Court ruling is to give a helpful meaning as to the meaning of IP ownership in the KK Sony Computer Entertainment and another v Pacific Game Technology (Holding) Ltd [2006] EWHC (Ch) 2509 case.
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Apple's new Patent

Written by Lawdit Solicitors on 24 October 2006

The US Patent & Trademark Office published on 24 October 2006 Apple’s new patent for a Camera Latch. Apple’s patent is to be used on a laptop computer and to a camera latch that is incorporated into a laptop computer.
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Hitachi has lost a patent dispute with employee

Written by Yangyang Li on 20 October 2006

A Japanese inventor has won a patent dispute with his former employer Hitachi before the Japanese Supreme Court, which will result in a compensation of 163 million yen (£733,000) for his research on optical disks.
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Intel Sued Again for Infringement

Written by Riyaz Jariwalla on 16 October 2006

Transmeta is a small player in the microprocessor industry but still had the courage to filed a patent infringement claim against Intel in the United States District Court Delaware.
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Patents the fundamentals

Written by Michael Coyle on 30 August 2006

The title sets out the general overview or field of the patent. It is usually broad and general. Don’t give away the secret so early!
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Patents and Glaxo

Written by Michael Coyle on 21 August 2006

GlaxoSmithKline the huge British drug corporation has dropped its controversial application to patent a key AIDS drug in Thailand and India
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Software Patents v Business Method Inventions

Written by Riyaz Jariwalla on 13 August 2006

This is a somewhat controversial issue and there has been various proposals made at national and European level to provide a consistent approach to the registration of software and business method patents.
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Unregistered v Registered Designs

Written by Christina King on 10 August 2006

Unregistered design right provides a useful form of protection given that it subsists automatically providing the relevant requirements are fulfilled
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How can I tell if my Patent new?

Written by Riyaz Jariwalla on 02 August 2006

There are various searches which need to be considered in order to ensure that your invention or something similar is not already out there.
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Intellectual Property Prize

Written by Jody Tsigarides on 06 July 2006

The Office for Harmonisation of the Internal Market has once again opened its competition to find the most outstanding pieces of intellectual property work in Europe.
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Singer Meat Loaf Sues in Trade Mark Dispute

Written by Waheedan Jariwalla on 07 June 2006

The singer Meat Loaf is suing his former songwriting partner Jim Steinman for trying to claim the rights to the phrase "Bat Out of Hell," the title to his hit album series, according to his attorney.
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The War of the Carnations

Written by Jody Tsigarides on 10 May 2006

Japan and China have entered a huge intellectual property dispute over the rights to the carnation flower.
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What is a Brand?

Written by Michael Coyle on 19 April 2006

Brands are big business. They can be worth many millions of pounds.
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Betfair Growing Rapidly

Written by Jody Tsigarides on 22 March 2006

Online betting firm Betfair have acquired the Mobet software from Rapid Mobile which will allow the company to operate a mobile betting platform which will run along side their online services.
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XML Users Facing Patent Shakedown

Written by Francisco Pazo on 03 March 2006

A small software developer plans to seek royalties from companies that use XML, the latest example of patent claims embroiling the tech industry
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Nike to Sue Adidas over Patent Infringement

Written by Jody Tsigarides on 22 February 2006

The world’s largest sportswear manufacturer Nike is in the process of suing rival manufacturer Adidas for patent infringement over cushioning systems used in its footwear.
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Patent Relief for T Mobile and Blackberry

Written by Michael Coyle on 13 February 2006

Relief all round in London this month for Blackberry and T Mobile to name just 2 ! as the patent infringement claim brought by Inpro Licensing relating to the supply of Blackberry devices ended with dismay for the Luxembourg holding company.
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JPEG Patent Under the Spotlight

Written by Daniel Doherty on 04 February 2006

The United States Patent and Trademark Office (USPTO) has confirmed that it will re-examine a patent which covers the ‘compression, manipulation and transmission of JPEG images
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European Patent System is Unacceptable

Written by Daniel Doherty on 04 February 2006

A panel of experts have recently expressed their concerns that the current European patent system is far too expensive and is hindering competition rather than encouraging innovation.
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IBM Hold the Most Patents

Written by Jody Tsigarides on 16 January 2006

It was reported this week that International Business Machines Corporation (IBM), the world’s largest computer services company, have claimed that they own the most United States patents.
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Patent Treaty Ratified By UK

Written by Dan Head on 13 January 2006

The United Kingdom has ratified a patent treaty that proposes to streamline and simplify the patent registration and maintenance processes.
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US Patent Office Ruling Against NTP

Written by Waheedan Jariwalla on 04 January 2006

BlackBerry email service provider RIM has announced that the US patent office has ruled against two more NTP patents in their fight over the popular service.
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EC Closes 'Patent Ambush' Investigation

Written by AD on 15 December 2005

EU regulators on Monday closed an antitrust investigation into ‘standard setting’ rules employed by telecom standards group ETSI (European Telecommunications Standardisation Institute), an independent organisation that sets standards in Europe, to ensure that its procedures do not allow anti-competitive behaviour.
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Apple May Face a Patent Battle

Written by Jody Tsigarides on 15 December 2005

A long running dispute over the intellectual property rights to software used in the iPod could end in legal action being taken against Apple.
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Samsung Set to Enforce Patent

Written by Jody Tsigarides on 15 December 2005

Samsung has launched a legal battle against Matsushita over patented technology used in the production of flat screen televisions.
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US Patent Granted For Schizophrenia Drug

Written by Waheedan Jariwalla on 09 November 2005

On Tuesday it was announced that the company RPG Life Sciences Limited was granted a patent for its novel process of producing Risperidone API (Active Pharmaceutical Ingredient) by the Registrar of Patents, USA.
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Nokia Sued By 3G Company

Written by Lawdit Solicitors on 08 November 2005

The Company behind 3G technology has filed a complaint against Nokia in a San Diego District Court, accusing the Swedish phone company of patent infringement.
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Pfizer 1 Ranbaxy 0

Written by Daniel Doherty on 20 October 2005

The US based pharmaceutical company Pfizer was celebrating its victory after receiving a long awaited judgement in the High Court. The decision prevents generics companies from copying its successful cholesterol-lowering drug ‘Lipitor’ until at least 2011.
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Patent Renewal Fee Payments Simplified

Written by Daniel Doherty on 19 October 2005

As of the 1 October 2005, the UK Patent Office has simplified periods for paying renewal and late payment fees in an attempt to bring UK patent procedures in line with other EU member states
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Guidance On Changes To Design Legislation

Written by Couto on 14 October 2005

On 1 October 2005 the Community Designs Regulations 2005 (the Regulations) came into force. This has introduced various changes in order to ensure the compatibility of the UK and the European systems.
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What are the Best and Worst Inventions Ever?

Written by Jody Tsigarides on 28 September 2005

The Patent Office recently celebrated its 150th anniversary. To mark the occasion the BBC Radio 4 programme ‘Today’ held a poll and invited listeners to vote for the best and worst inventions of all time chosen from a short list.
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Oracle Denied Software Patent In UK

Written by Dan Head on 27 September 2005

Larry Ellison’s company Oracle has suffered a blow after a patent examiner refused to grant a patent for its method of converting a document from one mark-up language to another.
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Whiskas' Not Preferred

Written by Jason Lysandrides on 05 September 2005

In the recent court decision Mars UK Limited v Burgess [2004] EWHC 1912 (Ch) the court assessed the extent of any passing off by a rival cat food manufacturer of the well known WHISKAS brand and product packaging.
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Enhancing IPR via Registered Design

Written by Jason Lysandrides on 05 September 2005

This article seeks to highlight the advantages of registered design rights that can provide enhanced rights alongside new trade marks and assisting those seeking to rely on images and merchandising where passing off is an expensive and uncertain route
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Assessing Registered Design Law

Written by Jason Lysandrides on 05 September 2005

Registered design legislation governed by the Registered Designs Act 1949 has been amended by the Copyright, Designs and Patents Act 1988 and Directive 98/71/EC.
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Solar Power from Spinach leaves?

Written by Izaz Ali on 27 September 2004

Shuguang Zhang a US scientist who is based at the Massachusetts Institute of Technology, used spinach chloroplasts to make a solar energy cell.
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