Rose Hughes

IPKat blogger, European patent attorney

[David Pearce @DavidHPearce]

Oh no, not again. Dr Thaler please stop.

[Rose Hughes @DrRoseHughes]

No patent news. Just a cat.

[Rose Hughes @DrRoseHughes]

Federal Circuit decision in Juno v Kite: US hard line against broad functional claiming in patents applied to CAR-T.

https://t.co/7igD3mPMNg

[Rose Hughes @DrRoseHughes]

Easy to miss this decision from the EPO Boards of Appeal, but it has potential relevance to almost every allowed EP patent application: Board of Appeal finds no legal basis for amending the description in line with the claims (T 1989/18) #ipkat

https://t.co/81Dsw3hpaA

[Rose Hughes @DrRoseHughes]

@TheCIPA @IBM @DrRyanAbbott @LawAtSurrey @pklally1 @AppleyardLees @The_IPO Interesting topic! Some suggested questions for the panel:
https://t.co/Nqx7rnFOyK

[Rose Hughes @DrRoseHughes]

Can AI invent? I think this question is premature, at least with respect to the DABUS "AI inventor" case.

Are we all just too eager to believe in AI inventors?

https://t.co/Nqx7rnFOyK

[The IPKat @Ipkat]

Katcall Reminder https://t.co/IWTSxS6Www

[Rose Hughes @DrRoseHughes]

New opportunity to join IPKat!

https://t.co/2vkTx1Uhxd

[The IPKat @Ipkat]

BREAKING NEWS: German Constitutional Court rejects second challenge to UPC https://t.co/3I7vNHMj7a

[Rose Hughes @DrRoseHughes]

4/ However, oral proceedings will be rescheduled to June allow the Opponent to make further written submissions

[Rose Hughes @DrRoseHughes]

1/ BREAKING: oral proceeding in referral (G1/21, ViCo oral proceedings) have been postponed until June due to a procedural technicality

[Rose Hughes @DrRoseHughes]

3/ As the EBA noted, the Opponent had probably been aware of the President's comments before they received the formal notification from the EPO given that the President's comments had been published on the EPO website for all to see on 28 April 2021

[Rose Hughes @DrRoseHughes]

Following concerns of potential bias, the EBA has changed the composition of the panel to hear G1/21 (ViCo oral proceedings). The Chairman and one other member have been replaced given their involvement with the introduction of Art. 15a RPBA.

https://t.co/XjO9IgH6dy

[CIPA @TheCIPA]

BREAKING: EPO Enlarged Board composition has been changed to avoid the complaints over partiality on oral proceedings by ViCO.

We are glad to see this distraction out of the way; now the Board can focus on the main points in issue.

[Rose Hughes @DrRoseHughes]

The Judge also makes some interesting comments on whether potential observers can be afforded technical equipment, such as binoculars or even a drone swarm. The Judge doesn't rule this out. In the era of recreational drones, is the prior use patent case law fit for purpose?

[Rose Hughes @DrRoseHughes]

If you test an invention on your own land and no-one saw you, does a subsequent patent filing lack novelty? This was the question in Claydon v Mzuri in which a UK patent for a seed drill was found invalid because of the inventor's own prior use #ipkat

https://t.co/T7BBjfv4fd

[Rose Hughes @DrRoseHughes]

This raises the question of how large, mechanical inventions can be tested without falling foul of the prior use case law?

[Rose Hughes @DrRoseHughes]

@Robinson_IP @Inventorship_ip interesting point - most Boards have continued to remit cases back to first instance following introduction of the new rules, but this Board didn't think remittal necessary in view of their expertise. To be fair the case had been going on a while! (opposition filed back in 2013)

[Rose Hughes @DrRoseHughes]

In T 1370/15 the patent was invalidated based on the BA's own CGK (without remittal back to the OD). The BA did not even find it necessary to evidence the CGK. Procedural efficiency at the expense of procedural fairness? #ipkat
https://t.co/MEGJJcI2Mc