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  • Michael Jaeger unpacks HMRC’s report on the initial uptake of the UK’s Patent Box

    Found in News

    …Small 170 24.3{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} 3 0.9{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} Micro 120 17.1{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} 0.9 0.3{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} Unknown 5 0.7{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} 0.1 0.0{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} All 700¹¹ 100{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} 342.9¹² 100{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} Patent Box relief by Industry Sector Industry Sector Companies Relief…

  • WIPO introduces new chemical structure searching capability

    Found in News

    …international standard naming method for chemical compounds), or combinations thereof are often used to describe compounds. As a result, it should come as no surprise that word searching in chemical…

  • A new patent eligibility test from the USPTO – a step in the right direction?

    Found in News

    The USPTO has recently issued guidelines for deciding whether a claim is eligible for US patent protection. The guidelines are welcomed by those considering patenting computer-implemented inventions in the US…

  • Withers & Rogers to sponsor the Nordic IPR Forum 2014

    Found in News

    …Firm’s Life Sciences & Chemistry group said: “We are delighted to be sponsoring the Nordic IPR Forum again this year. This year’s Forum offers great opportunities to catch up on…

  • Withers & Rogers to sponsor the Nordic IPR Forum 2014

    Found in News

    …Firm’s Life Sciences & Chemistry group said: “We are delighted to be sponsoring the Nordic IPR Forum again this year. This year’s Forum offers great opportunities to catch up on…

  • 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…

  • Patentability of Artificial Intelligence and Machine Learning Inventions in Europe

    Found in News

    …to use the data to learn a mapping function from the input data space to an output data space. Input data consists of a number of instances, each of which…

  • Affiliations

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    …to solve growth-inhibiting challenges. Verein der Zellstoff- und Papier-Chemiker und -Ingenieure (ZELLCHEMING) The Association of Pulp and Paper Chemists and Engineers (Verein der Zellstoff- und Papier-Chemiker und -Ingenieure – ZELLCHEMING)…

  • Privacy Notice

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    …marketing activity, the organisation collects and processes personal data relating to prospects and clients. Withers & Rogers is committed to being transparent about how it collects and uses that data

  • Sound plausible? How much data does your patent application really need to include?

    Found in News

    …of the compounds falling within the general chemical formula had any PTK inhibitory activity, other than an assertion that “Compounds described in the following examples have been tested in one…

  • Global Trends in Battery Technology: A Patent Perspective

    Found in News

    …THE DIRECT CONVERSION OF CHEMICAL ENERGY INTO ELECTRICAL ENERGY … {by recharging of redox couples containing fluids; Redox flow type batteries}. 4 Applicant data obtained from PatBase® on January 17,…

  • Frequently asked questions

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    …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….

  • The value of intellectual property to the European economy is growing

    Found in News

    …Property Office (EUIPO). The study has revealed that industries described as ‘IPR-intensive’ – those that file a high number of Community Trade Marks, Registered Design Rights and Patents – are…

  • Twist and shout… about sub-ranges

    Found in News

    …to apply the revised two-step test (as set out within the Guidelines) and instead opted for a different test altogether. The Board of Appeal reasoned that the concept of disclosure…

  • Unitary Patent

    Found in Pages

    …Germany, just as they are able to obtain conventional European Patents. The application procedure Unitary Patents can be obtained from the European Patent Office (EPO) using the existing patent application…

  • The Intellectual Property Enterprise Court (IPEC) The UK’s Cost-Effective Venue for Litigation in Europe

    Found in News

    The UK has a reputation for litigation to be extremely expensive, lengthy and complicated. As a result, many companies have chosen to litigate their patents in Germany, where it is…

  • The importance of commas

    Found in News

    …case, the Board was of the view that the feature has two possible interpretations: The capacitive data link is held by the free inner bore; and The capacitive data link…

  • Cookies

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    …The use of cookies and similar technologies is commonplace and cookies in particular are important in the provision of many online services. Using such technologies is not prohibited by the…

  • SPC update – further insight to the meaning of “protected”

    Found in News

    …the active ingredient in question”. Mr Justice Arnold suggested that a “core inventive advance” test could make a good replacement test, with certain countries suggesting both tests should be used…

  • Protecting antibodies

    Found in News

    …claimed, details of the epitopes bound, and functional data (such as comparative data with known antibodies) showing why the antibodies claimed are inventive. The EPO has previously concluded that whilst…

  • Bespoke Brexit and Intellectual Property – business as usual

    Found in News

    …negotiations have been completed. Registered designs in Europe Existing Portfolio There is no need to do anything different with your current portfolio of Registered Community Designs in the EU. New…

  • 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…

  • Patent Box FAQs

    Found in Pages

    …Plants (UPOV) Convention. What are data exclusivity rights? Data exclusivity rights refer to the protection of clinical test data required to be submitted to a regulatory agency to prove safety…

  • Women and girls in climate action

    Found in News

    …about the continued drinking water crisis in Flint, Michigan. In response, she invented a device using carbon nanotubes and a smartphone app that will allow residents to test their drinking…

  • Is it now harder to obtain an interim injunction in the UK?

    Found in News

    …launching a competing generic product (pending outcome at trial). This case is noteworthy as it represents a departure from previous cases, where the ‘unquantifiable’ effect of a new competitor entering…

  • 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,…

  • There’s no silver bullet

    Found in News

    …by 2050 – A Roadmap for the Global Energy Sector” https://www.iea.org/reports/net-zero-by-2050 2 Intellectual Property Office Facts and figures: patent, trade mark, design and hearing data: 2020 (27 July 2021) https://www.gov.uk/government/statistics/facts-and-figures-patents-trade-marks-and-designs-data-2020/facts-and-figures-patent-trade-mark-design-and-hearing-data-2020…

  • Reduced EPO fees for ‘micro entities’

    Found in News

    …the new 30% fee reduction a declaration needs to be made either at the time of filing the European patent application or at the latest upon paying the fee concerned,…

  • Victoria & Lawrence Osborne v Louis Vuitton Malletier, 0/0026/24, 16 January 2024

    Found in News

    …to see whether the decision would have differed if the Opponent had an earlier plain word mark for LV, given the HO’s comments on the reasoning on composite marks with…

  • Free consultation

    Found in Pages

    At Withers & Rogers we offer a free introductory half hour meeting or telephone conversation, to help clarify your thought process regarding your next steps. Alternatively, you may have more…

  • 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…

  • Dosage regime relief!

    Found in News

    …took account of expert testimony provided during the first instance proceedings, which stated that, having identified a therapeutic plateau between 25 mg and 100 mg it would have been a…

  • Links

    Found in Pages

    …- the Professional Body of UK Trade Mark Attorneys FICPI – The International Federation for IP Attorneys in Private Practice ECTA – The European Communities Trade Mark Association JIPA -…

  • First permanent injunction in final first instance decision at the UPC

    Found in News

    …and a permanent injunction in the member states of the UPC in a timely manner. The full decision can be found here: 55B6A3D3EBD78D7A01A3718ACFCE149B_de.pdf (unified-patent-court.org)   Marie-Claude Pellegrini Electronics, Computing &…

  • At last the true value of Intellectual Property to the European economy has been quantified

    Found in News

    …jobs in the EU were in IP-intensive industries with those roles attracting 41% higher pay compared to the same job outside the IP-intensive industry.” The results also compare very favourably…

  • Overseas Registration of Patents, Trade Marks and Designs

    Found in Pages

    …of our Guide to the Overseas Registration of Patents, Trade Marks and Designs, please click here.   This information is provided as a guide only and should not be taken…

  • We are pleased to be attending Symposium der Papieringenieure 2024 – Munich – 10th-12th October

    Found in News

    Ernst-Ulrich Wittmann (Uli) will be attending this event. If you would like to meet with Uli please email ewittmann@withersrogers.com.  …

  • UK companies still overpaying corporation tax

    Found in News

    …Office (UKIPO) or European Patent Office (EPO). Current data suggests low uptake For the period 2017-2018, just 1,305 companies claimed tax relief through Patent Box. HMRC data suggests that relief…

  • New UK provisions for webmarking for Registered Designs

    Found in News

    …replace legal advice tailored to your specific circumstances.   [1] For further information please visit https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/636445/Business-Guidance.pdf [2] s.33 Digital Economy Act 2017   © Withers & Rogers LLP, September 2017…

  • The Earthshot Prize – Highlighting Innovation

    Found in News

    …– Protect and Restore Nature) Restor are based in Switzerland and have developed science-based open data platform to support global restoration. Their platform has been described as “a Google Maps…

  • See our Summer IP review for the latest news and developments

    Found in News

    Please click on the link below for our Summer 2015 client magazine – IP Review. IP Review – Summer 2015 Older editions can be found here. We hope you find…

  • Plausibility hurdle in the UK shifted up a notch, as invalidity of BMS patent confirmed by Court of Appeal

    Found in News

    …“plausibility”, and filing too late with more data but potentially losing the advantage over competitors.   Heather West & Nicholas Jones Life Sciences & Chemistry group This publication is a…

  • Plausibility – An Important Consideration

    Found in News

    …not recommend filing patent applications in the chemical and life sciences containing no data.   Georgia Mann Life Sciences & Chemistry Group This publication is a general summary of the…

  • EPO fee changes – effective from 1 April 2018

    Found in News

    In June 2017, the European Patent Office (EPO) announced a freeze on inflation-based official fee increases for 2018. Instead, the EPO will selectively adjust certain official fees, effective from 1…

  • Clearing the way: the tests for obviousness and insufficiency clarified

    Found in News

    A recent High Court decision explains the tests for obviousness and insufficiency resulting from a “clearing the way” action brought by Actavis against Eli Lilly (Lilly). Actavis intended to invalidate…

  • “Simplification” can lead to design right abuse.

    Found in News

    The Intellectual Property Act 2014 (the 2014 Act) received Royal Assent on 14 May 2014 and will be implemented via a series of commencement orders over the coming months. In…

  • Itchy combinations and the power of common general knowledge

    Found in News

    …psoriasis, but had not previously been combined in a single formulation. Providing the two actives in a single formulation was expected to improve patient compliance compared to patients using separate…

  • EU Trade Mark Law Reform

    Found in News

    The 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…

  • 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…

  • Housing & Construction

    Found in Pages

    …and materials engineering backgrounds, as well as well as a passionate interest in housing and construction. Our expertise The members of our Housing & Construction group have a wide range…

  • Qatar has joined the Madrid Protocol

    Found in News

    Qatar joined the Madrid Protocol on 3 May 2024, which came into force as of 3 August 2024. Qatar is the 115th member of the Madrid System. The Madrid System…

  • SPCs can be used for compounds hidden within generic claims

    Found in News

    Please note: This High Court decision has been overturned and referred to the CJEU. Click here to read our latest update. In good news for pharmaceutical patent owners, the England…

  • Engineering Materials

    Found in Pages

    …in materials science and engineering is no exception. Our experience At Withers & Rogers LLP, we understand the importance of materials science developments to the future of innovation, and we…

  • Opposition process streamlined at EPO

    Found in News

    …in exceptional circumstances. The need to generate experimental data might constitute such an exceptional case, but the existence of multiple opponents and many cited documents may not. Furthermore, the Opposition…

  • Brexit: Impact on IP in Europe

    Found in News

    …Like EUTMs, Registered Community Designs (RCDs) are EU-wide rights. After the transition period, European Community design registrations and EU designations of International Hague designs will cease to have effect in…

  • EPO Boards for Appeal (T 0209/22)

    Found in News

    …Sufficiency The patent described therapeutic data for agents as monotherapies, in addition to the clinical trial in healthy volunteers showing that the combination was well-tolerated. To meet the requirement of…

  • EPO’s Deep Tech Finder

    Found in News

    data from Dealroom, a global data platform for intelligence on startups, along with the EPO’s own register of patent applications, the priority of the Deep Tech Finder is to deliver…

  • Timelines

    Found in Pages

    You may well find it useful to refer to these timelines when your attorney explains your options, likely costs and timeframes to you. They are a general guide only and…

  • Driving the Global Transition to Zero Emission Transport

    Found in News

    …(BEVs) are the best solution for passenger vehicles expected to travel short distances, road vehicles for long distance freight share similar challenges to rail. Problems with using BEVs for long…

  • Josh Miller

    Found in Team members

    …MICAST Project. The research focussed on casting and analysing aluminium alloys in three-dimensions using a computerised tomography machine. The work also incorporated the design and commissioning of a lightweight furnace…

  • Modern Slavery Act

    Found in Pages

    …part in stopping modern slavery in global supply chains. Withers & Rogers LLP (“W&R”) is committed to being a responsible business and complying with the requirements of the Act. Section…

  • Marie-Claude Pellegrini

    Found in Team members

    …Intellectual Property (Association Internationale pour la Protection de la Propriété Intellectuelle – AIPPI), whose events she regularly attends. Education & background Marie-Claude studied Computer Science to obtain a PhD at…

  • When are Diagnostic Methods Patentable at the EPO?

    Found in News

    …purely intellectual exercise, the preceding steps which are constitutive for making that diagnosis (e.g. the examination phase to collect data; comparison of the data with standard values; and finding of…

  • New Referral to the Enlarged Board of Appeal (G1/23)

    Found in News

    …analyse and reverse engineer an available product without undue burden, then the composition can be considered as known. Background to this Case This latest referral originates from the appeal proceedings…

  • Battery secrets – Celgard v Senior injunction

    Found in News

    …trial their latest product with a UK battery manufacturer, in order to supplant the claimant as a preferred supplier of battery separators. With the rising demand for electric vehicles, the…

  • Renewals

    Found in Pages

    …to our clients’ requirements and adapt our services to meet with their specific needs. Key features of W&R Renewals’ service Competitive fees Clear and comprehensive IP portfolio management support, including…

  • Funding available through the Coventry & Warwickshire Innovation Programme

    Found in News

    Small and medium sized companies in Coventry & Warwickshire have the opportunity to obtain grants of typically between £25-50,000 to assist with costs relating to intangible assets (such as patents,…

  • Chemical Purity at the EPO

    Found in News

    composition to be a product and the individual components to be starting materials used to produce the composition. For example, a composition comprising a solvent (ethyl lactate) having a purity…

  • Clarity on G2/21 from the EPO Board of Appeal in T0116/18

    Found in News

    …plausible by default, unless it can be shown otherwise. Specifics of the decision The specifics of the case in question relate to a composition involving a new combination of known…

  • Heather West

    Found in Team members

    …her research project focused on the purification and testing of vaccine candidates to protect against Malaria. Heather continued her study at University College London and gained her PhD in Immunology….

  • IP Review Autumn 2015

    Found in News

    Our 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…

  • Unitary Patent Package FAQs

    Found in Pages

    …Union. Unitary Patents can be obtained using the existing European patent application procedure and are enforceable throughout the participating member states in a single action brought before the new Unified…

  • Clarification on Undisclosed Disclaimers provided by EPO Enlarged Board of Appeal

    Found in News

    A decision by the EPO Enlarged Board of Appeal has been published with respect to some questions raised in relation to undisclosed disclaimers. Undisclosed disclaimers are a common means of…

  • Terms of use

    Found in Pages

    …the contents in any form is prohibited other than the following: You may print or download to a local hard disk extracts for your personal and non-commercial use only. You…

  • 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…

  • EPO renewal fees increase while JPO fees decrease

    Found in News

    …Should you wish to instruct W&R Renewals, or you require any further information on the services we offer please contact Joseph Mackey on 01926 310 734 or via email jmackey@withersrogers.com….

  • Withers & Rogers life sciences team attend opening of prestigious GE Innovation Village

    Found in News

    …phase of GE Healthcare’s Cardiff-based Innovation Village is a campus where early stage life sciences companies can continue to be nurtured after they have out-grown the environment of a start-up…

  • Patent Box Services

    Found in Pages

    …a realistic timescale. As well as assisting organisations looking at the possibility of protecting IP for the first time, we are working with existing clients to review portfolios because in…

  • 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…

  • Ruling out the prior art

    Found in News

    …represented dimensions of the component in question, in this case component 85, may not correspond to its actual dimensions. Accordingly, the Board of Appeal concluded that dimensions obtained by measuring…

  • European IP Leaders’ Brexit perspective

    Found in News

    …Union and as such they remain highly unlikely. Moreover, these areas of possible concern seem minor in comparison with other areas of commerce, outside of patents, in which many more…

  • EBA decides on the right to priority (G1/22 and G2/22)

    Found in News

    …to the right to priority: Is the EPO competent to assess whether a party is entitled to claim priority under Article 87(1) EPC? If the EPO is competent, is a…

  • Intellectual property bill receives royal assent

    Found in News

    …rights in commissioned designs to the commissioning organisation. Accession of the UK to the international “Hague system” for registration of designs in many countries of the world via a single…

  • Home Care

    Found in Pages

    …laundry detergent tablets and liquitabs, dishwashing detergents, textile materials (including manufacture, composition, surface functionalisation and weaving processes),as well as dispensing and pump devices for use with some of these compositions….

  • Personal Care & Cosmetics

    Found in Pages

    …care alcohol gel compositions, laundry detergent tablets and liquitabs, dishwashing detergents, hair care compositions and toothpaste compositions as well as dispensing and pump devices for use with some of these…

  • 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…

  • 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/…

  • Chris Froud

    Found in Team members

    …Prior to this, Chris obtained a Master of Chemistry degree in 2002. As part of his studies, he spent six-months working in the Spectroscopy Products Division of Renishaw plc, researching

  • 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…

  • Scope of protection: around and around the numbers

    Found in News

    using an agent present in a concentration of “between 1{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} and 25{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c}”. Smith & Nephew Plc make their own range of wound dressings using 0.77{e27634494e39db391c4a3c1babcce9c96667e0da0c02f00a98e80c871bbff07c} of the agent. The question,…

  • Football and patents

    Found in News

    As the UEFA Euro 2020 and Copa América come to their conclusion, the use of technology on and beyond the pitch is more common than ever. It’s worth having a…

  • Some more equal than others! – EP (UK) patent not always the same as a UK patent

    Found in News

    In the latest judgment in the ongoing dispute between Virgin Atlantic Airways (Virgin) and Zodiac Seats UK Ltd (Zodiac), ([2013] EWCA Civ 1713) the Court of Appeal has ruled that…

  • High Court Trade Mark Decision Leaves Tobacco Companies Fuming

    Found in News

    …to sell their cigarettes and tobacco products as a homogeneous unidentified commodity. Use of the trade marks had been limited, but the owners’ rights to exclude others from using the…

  • Understanding induced infringement in the US after Limelight v Akamai

    Found in News

    …first party knowingly causes a second party to infringe a patent. Contributory infringement occurs when a seller provides a component part of a patented product that is more than just…

  • 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 end of the “Ten-Day Rule” at the EPO

    Found in News

    …from the date of notification would be due for response by 14 March 2023, rather than by 4 March 2023. With the latest changes, from 1 November 2023, postal notifications…

  • Medical devices left out in the cold

    Found in News

    …effect is achieved by means of a chemical entity or composition of chemical entities.   Elizabeth Swan Life Sciences & Chemistry If you require further information on anything covered in…

  • Trade Mark

    Found in Pages

    …and are well placed to provide appropriate, commercial advice. Our trade mark services include: Searching Filing and prosecution Renewals Audit Monitoring and policing of trade marks (watching) Litigation including inter…

  • Nicola Anderson

    Found in Team members

    …in FTO searching and advice regarding patents and designs for packaging products. Thanks to her earlier career, Nicola has experience in the design of fabrication units for power electronics used…

  • Paul Foot

    Found in Team members

    Paul’s practice focuses on the packaging, automotive and construction sectors. He has particular expertise in providing FTO searching and advice in relation to aftermarket products in the automotive sector, and…