英国和欧洲专利律师 | 特许商标律师

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专利、商标和外观设计

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施利希是一个独特的欧洲专利和商标律师团队，总部位于英格兰南部。自2004年以来，我们帮助客户收购和保护他们的知识产权资产，帮助他们在知识产权资产的基础上建立和发展成功的企业。

我们起草和提交专利申请，使其获得批准并实施强制执行。我们还准备和提交商标申请，并为其注册进行起诉。

T为了执行客户的权利，我们还代表他们参加法院和其他各方之间的诉讼程序（必要时，提出异议和撤销竞争对手的权利）。

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近期案例解析

阅读施利希团队关于涉及专利、商标和外观设计的近期真实案例解析和新闻动态。

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Can a Decision on Re-establishment be Challenged during Opposition?

A recent Decision, T1482/21, from the Board of Appeal of the EPO considered whether a decision to re-establish a patent application can be challenged during Opposition proceedings at the EPO.

The UPC have been Quick to Issue their First Preliminary Injunction

One of the first preliminary injunctions was issued by the Unified Patent Court on 22 June 2023. The decision was made ex parte and, remarkably, on the same day as the application for an injunction was filed by the proprietor, despite the respondent’s efforts to avoid the issue of an injunction by filing a protective letter.

Can an emoji be a trade mark?

Emojis are perceived by the public as providing an emotional reference and not an indication of the source of goods or services. As a result, an emoji cannot act as a trade mark and cannot be registered as such.

EPO Enlarged Board of Appeal set to consider in G 1/23 the degree to which enablement impacts the status of a commercially available product as state of the art

Central to the assessment of patentability at the EPO is the definition of ‘state of the art’. Article 54(2) EPC defines the state of the art as ‘everything made available to the public’ before the effective filing date of a patent application. But when the thing made available to the public is a product with a defined chemical composition, how much of that composition is made available to the public by the simple disclosure of the product? G 1/92 provided an answer but as the current referral to the EPO’s EBA shows, there are gaps that need filing.

UK Address for Service Required for EU-based Comparable Trade Mark and Design Registrations

When the UK left the European Union, the UKIPO granted comparable UK rights for all existing EU trade mark and design registrations. No UK address for service was required for a period of 3 years from the date of the UK’s departure from the EU. However, the end of this 3-year period is approaching and rights holders are strongly advised to appoint a UK address for service by 1 January 2024.

Signpost pointing in different directions

Applying G 2/21 – Referring Board Suggests the Route Forward is Unclear

Following the Enlarged Board of Appeal decision G 2/21 (“plausibility”) earlier this year, the referring Board has issued its preliminary opinion on how to take EPO appeal no. T 116/18 forwards. It is clear the Board is uncertain how G 2/21 is to be applied, noting several interpretations of that decision seem feasible. Thus, new case law appears to be needed to help those using the European patent system understand the circumstances under which post-filed data can be relied upon by a patent proprietor in the assessment of inventive step.

Recent Boards of Appeal Decision Reveals In-Person Proceedings Are Still The “Gold Standard”

This recent decision from the Boards of Appeal follows clear guidance from G1/21 that in-person proceedings should remain the default over ViCo proceedings, contradicting both the EPO’s digital first strategy and previous Boards of Appeal decisions implementing G1/21.

UK Patents Court Confirms the Importance of Knowing Who Owns What in Infringement Proceedings

In a recent decision of the Patents Court, the judge found that the person who started infringement proceedings was not, in fact, the proprietor of the patent and thus did not have any rights in the patent to enforce. Similarly, the judge held the defendant liable for infringement of the patent despite the defendant claiming to be the proprietor. This decision highlights the problems that can arise when ownership of intellectual property is unclear.

在专利和商标法方面的卓越表现

施利希团队

由于施利希经验丰富的专业团队，我们的客户获得了超越期望值的迅速回馈，高质量和高价值的友好服务。我们的英国和欧洲专利律师以及特许商标律师，拥有英国顶尖大学的广泛科学和技术专业学位和博士学位，并在法律和商业问题及技术的最前沿拥有几十年的咨询经验。

我们在起诉和跨部门诉讼方面积累了深厚的经验，为客户的创新成果提供最佳的战略和实践建议，并确保最佳的专利和商标保护。我们的团队在更多高技能和经验丰富的法律支持人员团队的支持下，以友好和明确的方式高效地完成了每项诉讼事务。

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