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Affiliations
Found in Pages…limited liability companies as well as registering members of the profession from states of the EEA and Switzerland. European Communities Trade Mark Association (ECTA) With more than 1500 members coming…
Global Trends in Battery Technology: A Patent Perspective
Found in News…as enhancing ion conductivity at room temperature.9 It is hoped that the enhanced focus on this important technical area will soon yield commercially available solid-state batteries. 5 https://www.autoweek.com/news/technology/a36189339/solid-state-batteries/ 6 https://www.epo.org/news-events/news/2020/20200922.html…
High Court Trade Mark Decision Leaves Tobacco Companies Fuming
Found in News…Racing [2016] 809 (Ch), the judge stated: “it is clear that the Regulation operates as a complete code so far as the rights of a Community trade mark proprietor are…
Withers & Rogers shortlisted for the This Can Happen Awards 2019
Found in News…the This Can Happen Awards celebrates and recognises companies and individuals from across all sectors, who have shown excellence in their approach towards positive mental health for their employees and…
Frequently asked questions
Found in Pages…trade mark attorney? Information on how to become a patent or trade mark attorney can be found in the careers section of our website, or at www.insidecareers.com, www.cipa.org.uk, and www.citma.org.uk….
Modern Slavery Act
Found in Pages…Financial Matters. Regulated persons shall ensure that their professional finances are managed appropriately Complaints Handling. Regulated persons in private practice must have an established procedure for dealing with complaints. Liens…
Diversity and Inclusion
Found in Pages…of eight high-level commitments and the individual practical steps, each will take to drive diversity, equality, and inclusion. There are some shared commitments that deliver against our diversity and inclusion…
Michael Jaeger unpacks HMRC’s report on the initial uptake of the UK’s Patent Box
Found in News…This means that only 1 in every 1,600 of the Corporation Tax paying companies took advantage of the Patent Box scheme. Company size and Patent Box Company size Companies Relief…
There’s no silver bullet
Found in News…resources, even highly effective inventions may not make it all the way to commercialisation and large-scale deployment. This is where intellectual property comes in. Patents in particular provide a legal…
Withers & Rogers to join The Life Sciences Hub Wales
Found in News…along with members of the Department for Health; clinicians and healthcare organisations; universities and academics and professional advisers. The Hub will also accommodate the team from Arthurian Life Sciences Ltd…
Links
Found in Pages…searching on Espacenet Business Advice and Finance Coventry & Warwickshire Chamber of Commerce Business West Chambers of Commerce Greater Birmingham Chambers of Commerce London Chamber of Commerce and Industry Nesta…
Plant Breeders’ Rights
Found in News…can apply for a compulsory licence if they feel that the owner “unreasonably” refused to grant a licence, or that the owner imposed “unreasonable” terms on a granted licence. Compulsory…
Home or Away – All Due Care still required for the EPO
Found in News…decision J05/18 hinged on this communication and the series of events that followed. The European professional representative replied to the US attorney on the same day, answering all queries. They…
IP Review Autumn 2015
Found in NewsOur latest IP Review is now available online here: www.withersrogers.com/ebrochure/ip-review/autumn-2015/ In this issue we report on some interesting developments, including a wave of altruism that has swept over some of…
Withers & Rogers Helps #ShakeYourPower Project
Found in News…Manufacture and distribute the product Develop assembly kits to enable the end user to build their own SPARK. To watch a video about the project click http://vimeo.com/97523490#t=0s @shakeyourpower #shakeyourpower www.shakeyourpower.com…
Pain for Warner-Lambert at the Supreme Court
Found in News…on one side, Warner-Lambert Company LLC (Warner-Lambert), a company in the Pfizer group. Warner-Lambert was the proprietor of an initial patent for a compound called pregabalin, which was first used…
Innovation by Artificial Intelligence and the role of AI in pharmaceutical discovery
Found in NewsThrough the ability of Artificial Intelligence, the health care sector can find solutions to effective treatment to cure diseases. Partner, Adrian Tombling explores why AI is huge for drug…
Innovative relief for second medical use patent holders
Found in News…an effective tool for second medical use patent holders to prevent generic competitors from compromising sales of their branded drug for patented indications. Justin Wilson Life Sciences & Chemistry…
Unified Patent Court
Found in Pages…courts. Moreover, proprietors who rely on low numbers of high value patents may be reluctant to try the new system, owing to the increased threat of single-action revocations. [1] https://www.juve-patent.com/news-and-stories/people-and-business/alexander-ramsay-the-london-question-wont-delay-the-upc/…
New UK provisions for webmarking for Registered Designs
Found in News…Clark (tclark@withersrogers.com ; +442079403640) or your usual contact at the firm. This publication is a general summary of the law. It should not replace legal advice tailored to your specific…
Privacy Notice
Found in Pages…Information Commissioner’s Office. Use of cookies For more information our policy on the use of cookies, please follow this link: https://www.withersrogers.com/cookies/ To unsubscribe All marketing emails will include an option…
Our Brand & Purpose
Found in News…believe it is important that you understand who we are and how we can help you realise your ideas. To understand more please watch the short video below: https://www.youtube.com/watch?v=o8kYkr1EJRA ©…
Electronics, Computing & Physics
Found in Pages…computer software companies, medical equipment manufacturers, computer network and systems providers, consumer electronics manufacturers, defence technology companies, aerospace and avionics manufacturers, robotics and autonomous systems developers, as well as the…
Harry Strange
Found in Team members…methods as well as technologies such as deep learning, blockchain, and machine vision. He has experience drafting patent applications directed to machine learning, artificial intelligence, industrial control, and complex software…
Business as usual for Withers & Rogers
Found in Pages…governmental and health organisations and we have put plans in to place, enabling everyone to operate remotely. Also we continue to closely monitor guidance from all global IP offices. No…
All software patents are equal! – EPO Decision G1/19
Found in News…direction for future intellectual property protection. Details of the decision can be found via the following link: https://documents.epo.org/projects/babylon/eponet.nsf/0/99f4b971c9e3eb2fc125869400340179/$FILE/G_1_19_decision_of_the_Enlarged_Board_of_Appeal_of_10_March_2021_en.pdf and https://www.epo.org/law-practice/case-law-appeals/communications/2021/20210310.html Diego Black Electronics, Computing & Physics group This publication…
Funding available through the Coventry & Warwickshire Innovation Programme
Found in News…intelligent mobility – medical technologies Withers & Rogers is pleased to support torc2 Ltd, a company based in Coventry who have made use of this funding. The company is run…
Life Sciences & Chemistry
Found in Pages…the US and Japan. Our clients include entrepreneurs, biotechnology and genetic research companies, pharmaceutical companies, horticulturalists developing new plant varieties, medical device companies, veterinary supply companies, and a number of…
Philip Corbett
Found in Team members…Honeywell Aerospace he also completed a Post Graduate Diploma in Marketing at UWE. Philip spent fifteen years in B2B sales and marketing roles before moving into the Professional Services sector….
The Intellectual Property (Unjustified Threats) Act 2017
Found in NewsThe Intellectual Property (Unjustified Threats) Act 2017 came into force on 1 October 2017. The new law comes as the result of a consultation process triggered by the Law Commission…
Update: 7 Important changes in the 17th draft of the rules of procedure of the unified patent court
Found in News…compensation in special circumstances: Rule 196.6 RoP has been amended to state that the Court will order security for costs and compensation where an order to preserve evidence has been…
Court of Appeal overturns cross jurisdiction award of DNIs to Actavis
Found in News…around will avoid infringement, since it is conceivable that, despite their instructions, a medical professional may use saline instead. The saga is set to continue and it is not clear…
A career with us
Found in PagesThe firm is based in six offices: London, Bristol, Warwick, Sheffield, Paris and Munich. We operate in four principal practice groups: Electronics, Computing & Physics; Advanced Engineering; Life Sciences &…
EU Trade Mark Law Reform
Found in NewsThe European Council has published news of impending changes to the Community Trade Mark Regulation and a new Trade Mark Directive, most of which will come into effect in March…
Patent Protection
Found in Pages…chemistry and biotechnology. This in-depth technical knowledge, combined with market knowledge and professional expertise, provides clients with the reassurance that our patent service is fully aligned with your commercial goals….
Our approach
Found in Pages…staff to rise to new challenges and develop and enhance their skill sets. From personal and management development to technical or professional qualifications, we help our people fulfil their potential….
Trade Mark
Found in Pages…of our team are members of professional bodies and institutions including CITMA (The Chartered Institute of Trade Mark Attorneys), INTA (the International Trademark Association), ECTA (the European Communities Trade Mark…
Marie-Claude Pellegrini
Found in Team members…European patent prosecution firm and latterly as part of a litigation team in one of France’s first combined attorney-at-law and patent attorney firms. Her experience particularly covers drafting and prosecuting…
Translation Support
Found in PagesTranslations We regularly use the services of a group of highly trusted and professional translators on behalf of our clients. Each translator has significant experience in the specific skill of…
John-Paul Rooney
Found in Team members…electronics and software fields including smartphones and their associated UIs, antennas, displays, and communications standards including LTE and 5G, plus other computing devices and signal coding technologies, particularly hierarchical video…
Can a FRAND SEP stop ZTE? The CJEU rules on the rules
Found in News…David Nicholls (dnicholls@withersrogers.com; +44 1926 310700), Russell Barton (rbarton@withersrogers.com; +44 1926 310700), or your usual contact at the firm. This publication is a general summary of the law. It should…
EPO revokes Broad’s CRISPR-Cas9 patent
Found in News…intend to appeal the decision. Kirsty Simpson Life Sciences & Chemistry group If you require further information on anything covered in this briefing, please contact Kirsty Simpson (ksimpson@withersrogers.com; 44…
Russia to join Hague Agreement in 2018
Found in News…in this briefing, please contact Richard Worthington (rworthington@withersrogers.com; 44 20 7940 3600) or your usual contact at the firm. This publication is a general summary of the law. It should…
IP rights post Brexit: European Commission position paper
Found in News…community designs, geographical indications and community plant variety rights. The Commission’s guiding principle is that the protection of unitary rights enjoyed in the United Kingdom before the withdrawal date is…
Outstanding Benefit and Multinational Companies
Found in News…interestingly, Patten LJ went on to state that “a straightforward comparison of profitability may be sufficient, in the case of a much smaller company, to satisfy the test of outstanding…
Assigning priority rights in Europe – How to stay out of trouble
Found in News…to timely transfer the right to priority. Referring to the above numbering, the Board found: Although retrospective assignments are allowed under US national law, this is not compatible with established…
UK IPO announces fee increases
Found in News…renewing granted patents. These changes include both increases to current fees, and the introduction of new fees. These changes will come into effect on 6 April 2018. We have summarised…
SPCs for drug/device combinations?
Found in News…been fairly clear. But what about drug/device combinations? SPCs are administered by the national patent offices of EU member states and, until now, there has been little common ground between…
London Taxi Company loses Black Cab case in the Court of Appeal
Found in News…Trade Mark Act 1994 or for the common law tort of passing off. Dismissing LTC’s appeal in the Court of Appeal, Lord Justice Floyd held that there were three necessary…
Life after Actavis – questions answered
Found in News…To give some commercial context, Teva markets GA under the trade mark Copaxone. Worldwide sales of Copaxone last year were about $4.2 billion, representing nearly a fifth of Teva’s worldwide…
Introduction of the EU Certification Mark
Found in News…come into force on 23 March 2016, the secondary regulation required to implement the changes only came into force this year. Pursuant to Section 2, Articles 74a to 74k of…
European Commission notice regarding Brexit and EU IP rights
Found in NewsOn 5 December 2017 the European Commission together with the European Union Intellectual Property Office published a notice regarding the effect of Brexit on EU trade marks and community designs….
Estonia ratifies the UPCA
Found in News…can come into force. German ratification is currently stalled, whilst a constitutional complaint is evaluated Germany’s Federal Constitutional Court. The extent to which that complaint will delay the implementation of…
Lithuania ratifies the UPCA
Found in News…by the UK and Germany is still required before the Unitary Patent Package can come into force. As we previously reported here, German ratification is currently stalled. For further information…
Sound plausible? How much data does your patent application really need to include?
Found in News…filed was directed to an extremely broadly defined group of compounds, indicated by a general chemical formula, with 580 specific compounds disclosed as falling within the group, one of which…
Eli Lilly reigns Supreme
Found in News…equivalents, reformulates the historic “Improver” questions, and comments on the relevance of the prosecution history. Background To recap briefly, the case concerns Lilly’s patent relating to the use of the…
UK’s preparations for the Unified Patent Court are back on track
Found in News…constitutional complaint raised by a private person in Germany may cause delays to German preparations. Germany is the other country whose ratification is required before the UPC comes into force….
Court of appeal ruling in KitKat case is a blow for Nestle
Found in News…products that look similar, with a reduced risk of litigation. “This case highlights the difficulties that often accompany attempts to obtain commercial protection for the shape of a product. To…
Adwords and honest concurrent use: Victoria Plum v Victorian Plumbing
Found in News…Defendant’s duty to act fairly to the legitimate interests of the trade mark proprietor whether the acts complained of constitute unfair competition whether the use complained of exacerbates the level…
Italy ratifies the UPCA
Found in News…Russell Barton Electronics, Computing & Physics group If you require further information on anything covered in this briefing, please contact Russell Barton (rbarton@withersrogers.com; +44 207 940 3600) or your usual…
Unitary Patent Package expected to enter into force in December 2017
Found in News…the Court becomes operational. This is expected to begin in early September. Finally, once the sunrise-period is complete, the UPCA and the Court will begin full operation in December 2017….
EPO puts brakes on essentially biological processes
Found in News…added). The Notice specifically relates to recent decisions by the EPO Enlarged Boards of Appeal in the combined “Tomato I” and “Broccoli I” cases (G2/07 and G1/08) and the combined…
The Final Twist: Rubik’s Cube Trade Mark Declared Invalid by EU Court
Found in News…The invalidation of the Rubik’s Cube EU trade mark registration could lead to competition from imitations. It will also act as a prompt for owners of 3D shape mark to…
Taking the sting out of poisonous divisionals
Found in News…within the same patent family are no more. This will come as welcome news to Applicants, since it seemingly removes the possibility of inadvertently prejudicing oneself from patent protection due…
The UK will ratify the UPCA!
Found in NewsAt the EU competitiveness council meeting today the UK Minister of State for Energy and Intellectual Property, Baroness Neville-Rolfe, indicated that the UK will ratify the Unified Patent Court Agreement…
Patentability of Artificial Intelligence and Machine Learning Inventions in Europe
Found in NewsIntroduction Artificial intelligence (AI) is an interdisciplinary field of computer science with the goal of enabling machines to behave and reason in an intelligent manner. Early approaches to AI centred…
UK ratification of Hague Agreement
Found in News…and renewing design protection in several countries. At present, design protection can be obtained in the UK through national registered design applications, registered community (EU) designs and international designs designating…
Thank you for registering
Found in Pages…our mailing list and we will be in touch with more information on our future webinars. In the meantime, if you have any queries please contact Mica Warner, mwarner@withersrogers.com. …
IP Rights Post-Brexit: Publication of draft agreement on the withdrawal of the UK from the EU
Found in News…Commencement Date. Comment It is welcome news that the European Commission has provided greater clarity in these areas but there still remains a lot left unsaid and to be agreed…
Dosage regime relief!
Found in News…protection. Dr Helen Henderson Life Sciences & Chemistry Group If you require further information on anything covered in this briefing, please contact Helen Henderson (hhenderson@withersrogers.com; +44 117 925 3030)…
Tackling counterfeiters: Luxury brands must be enforcement ready
Found in News…counterfeiters. High-profile court cases such as that between Christian Louboutin and Amazon in 2022, has given clarity to brand owners about who is liable when it comes to third-party sellers…
The UPC is continuing its upward trajectory
Found in News…in infringement actions (with an additional 18 compared to last month) and an increasing number of counterclaims for revocation (an additional 40 compared to last month). The chart below shows…
The UPC has around 190 actions, almost eight months after launch
Found in News…the progress of actions being brought before the UPC and will be publishing updates and key developments on its website. For any UPC-related queries, please contact us at UPCenquiry@withersrogers.com. …
Environmental, Social & Governance
Found in Pages…an internal taskforce to champion our environmental work We are committed to our pledge and will continue to broaden our commitment and focus on ESG both in the short and…
The end of the “Ten-Day Rule” at the EPO
Found in NewsIt has recently been reported by CIPA that the “ten-day rule” will come to an end following a decision from the Administrative Council of the EPO. Under the existing “ten-day…
Thank you for your RSVP
Found in Pages…& Rogers’ winter casino event. We will be in touch closer to the date with more information. In the meantime, if you have any queries please contact Savannah Hockley, shockley@withersrogers.com….
Sky is in fact the limit – High Court confirms SkyKick infringes Sky
Found in News…are the comments on ‘computer software’. Despite Sky’s use in relation to certain types of software, Lord Justice Arnold considered that bad faith had been proven insofar as Sky had…
The UK IPO introduces timeliness target for re-examination of patent applications
Found in News…after that date. In such situations the second criteria for the compliance period applies, meaning that examination must normally be completed within one year of the first examination report. Under…
Design Sector Focus – Taking care of your Intellectual Property (IP) Rights
Found in News…needed in or anywhere near court and a commercial solution was arrived at. In this case, the result included some financial compensation, but more importantly for the designer, ultimately resulted…
Large companies not “too big to pay” inventor compensation
Found in News…when compared to the investment made, risk undertaken and amount of effort undertaken by the company to monetise, as opposed to a mere comparison of the reward from the invention…
Text intended for grant, or “unintended” for grant as the case may be
Found in News…for Grant When the EPO intends to grant a patent application, it issues a communication under Rule 71(3) EPC containing the ‘text intended for grant’ or ‘Druckexemplar’. The final responsibility…
Unwired Planet v Huawei – Court of Appeal decision
Found in News…(SEPs) held by Unwired Planet. For the uninitiated, SEPs are patents that must be used to comply with an industry standard, and are common in the telecommunications sector. Because SEP…
Before and after snapshot – how Actavis affects infringement
Found in News…the first High Court decision from which this Court of Appeal case was referred was decided before Actavis. It is therefore possible to make a direct comparison of the outcome…
EPO fee changes – effective from 1 April 2018
Found in News…comes into effect. Appeal fee The official appeal fee will be increased by roughly 20% to €2,255 from 1 April 2018. However, small and medium-sized enterprises, non-profit organisations, universities, and…
Patent protection for Blockchain Technology and Blockchain’s role in anti-counterfeiting
Found in News…Computing & Physics group If you require further information on anything covered in this briefing, please contact Philip Horler (phorler@withersrogers.com; +44 207 940 3600) or your usual contact at the…
No-deal Brexit: UK government issues guidance on EU Trade Marks
Found in News…happen. Mark Caddle Trade Mark Group If you require further information on anything covered in this briefing, please contact Mark Caddle (mcaddle@withersrogers.com; +44 207 940 3600) or your usual…
Mind the Overlap
Found in News…composition may be produced using components combined in a range of proportions. A patent application usually provides one or more examples of the working invention across the stated range. However,…
Protecting the unpatentable: Arrow declarations
Found in News…Arrow declarations to the forefront of UK patent law. An Arrow declaration provides commercial certainty or freedom to operate surrounding the marketing of a product or process, by ruling that…
Canada to join Hague Agreement
Found in News…briefing, please contact Richard Worthington (rworthington@withersrogers.com; 44 20 7940 3600) or your usual contact at the firm. This publication is a general summary of the law. It should not replace…
Protection for indications of geographical origins: A case of Scottish Glens and German Whisky
Found in News…of at least 40%. In this case, the Scotch Whisky Association (SWA) argued that use of the term “Glen”, a Gaelic word which compromises part of the name of a…
UK joins the Hague Agreement – Further details
Found in News… Richard Worthington Designs Group If you require further information on anything covered in this briefing, please contact Richard Worthington (rworthington@withersrogers.com; 44 20 7940 3600) or your usual contact at…
UK ratifies the UPCA
Found in News…life”. The Unified Patent Court will allow companies and inventors to protect their inventions in at least 17 countries when the system is implemented. The court coming into operation will…
SPC update – further insight to the meaning of “protected”
Found in News…CJEU hands down its opinion in Sandoz v Searle, relating to SPC protection for a compound that is within the scope of a Markush definition but is not individualised anywhere…
EPO allows eighth petition for review
Found in News…found in Article 112a EPC and can be summarised as: a problem concerning the composition of the Board (e.g. a member of the Board involved in the decision was not…
SPC update – further question referred to CJEU regarding meaning of “protected”
Found in News…of what “protected” means. The latest referral relates to a compound that falls within the scope of a Markush definition, but the compound is not an individualised embodiment in the…
Changes to payment of European renewal fees
Found in News…full. James Mitchell Electronics, Computing & Physics group If you require further information on anything covered in this briefing, please contact James Mitchell (jmitchell@withersrogers.com; 44 20 7940 3600) or…
Name change for the Institute of Trade Mark Attorneys (ITMA)
Found in News…Partner in our Trade Mark group, was appointed Vice President of ITMA in April 2016 and will serve a two year term. Tania commented “this is a significant milestone for…
ECJ upholds General Court decision in favour of Adidas
Found in News…Court allowing Adidas to oppose the registration of a trade mark consisting of two parallel stripes placed on the side of footwear. Shoe Branding Europe, a Belgian company, filed a…
The value of intellectual property to the European economy is growing
Found in News…Karl Barnfather Electronics, Computing & Physics group If you require further information on anything covered in this briefing, please contact Karl Barnfather (kbarnfather@withersrogers.com; +44 1926 310 700) or your usual…
UK Court of Appeal orders re-trial in Interflora v M&S keyword advertising battle
Found in News…Caddle (mcaddle@withersrogers.com; +44 207 940 3600) or your usual contact at the firm. This publication is a general summary of the law. It should not replace legal advice tailored to…
