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13 Sep 2016, 2:03 am
', says Merpel], getting rid of the no-general monitoring obligation "could ultimately result in the market for hosting services becoming increasingly difficult to access ... [read post]
11 Sep 2016, 5:00 am
.'" [Merpel thinks this interviewee is very economics-friendly.] [read post]
9 Sep 2016, 6:08 am
Merpel has gazed into the future butis keeping it a secretFuture of UK Patent Framework. [read post]
9 Sep 2016, 5:01 am
If it hasn’t, voluntary amendments can be made from when the first of the ISR or UK search report is issued, and again up until the first examination report is issued.Clarification of requirements concerning changes of names and addresses.The requirements for updating previously correct name and/or address information are being clarified.The rules have never really applied to Merpel...Patents Form 20 will now include a new tick box, so that it can be specified whether an error… [read post]
2 Sep 2016, 3:39 am
However, the judgment appears to indicate that this knowledge does not seem to extend so far as use of pH to actually control micelle formation.Then, when considering obviousness, the judge states at [364]:Merpel notices the changing definition of standard ways.I consider that the skilled team reading Lin & Jiang would very quickly appreciate that the use of methanol in the purification of a pharmaceutical to be administered to humans was undesirable, and would look for another… [read post]
9 Aug 2016, 9:03 am
Of course, the rule not only applies to the right holder - the successful defendant also profits (Merpel notes that a costly "loser pays" rule may also prevent patent trolling). [read post]
9 Aug 2016, 8:57 am
Somewhat, but not completely revealing,Merpel impersonates a defendant's voluntary infringement evidence....September seems to be the month of mock trials, with at least three in the works as far as the AmeriKat is aware. [read post]
8 Aug 2016, 12:50 pm
Annsley Merrelle Ward reports on the new guide with a little help from Merpel.* When its comes to "deadwood", leave it in the State of South Dakota and out of Trademark Office policyIs unused "deadwood"really cluttering up trade mark registers? [read post]
2 Aug 2016, 5:19 am
So with energy to her dossier, her full list of responsibilities is as follows:energy (with the Minister for Industry and Energy) nuclear oil and gas, including shale gas low carbon generation security of supply electricity and gas wholesale markets and networks energy efficiency and heat, including fuel poverty smart meters and smart systems international energy energy security, including resilience and emergency planning intellectual property EU… [read post]
2 Aug 2016, 4:19 am
(The requirement in the competition for an explanation as well as a limerick was an attempt to preserve the education remit of this blog, in addition to its fun element, notes Merpel).The winner was declared to be John Boumphrey for this:Starbucks (HK) Ltd & Anor V British Sky Broadcasting Group Plc & Ors (2015)In any passing off claim,Goodwill is the name of the game,To use foreign goodwillDoes not fit the billNor is reputation the same. [read post]
29 Jul 2016, 1:30 pm
The German medicines authority did not accept that MSD had filed a valid application until 13 February 2014 (another interesting inclusion, muses Merpel....). [read post]
29 Jul 2016, 10:00 am
(Regrettably, notes Merpel, the product-by-process discussion of the first instance decision, which induced a not insignificant number of comments on this blog, is not discussed in the appeal judgement.)Genentech appealed against the first instance decision revoking a pair of patents on the grounds that the claimed subject matter is obvious. [read post]
21 Jul 2016, 3:06 am
On appeal, the Federal Patent Court referred several questions to the CJEU, which the CJEU answered in joined cases C-217/13 and C-218/13 in 2014.Yep, that's also redThe CJEU namely held that it European law precluded an interpretation of national law according to which, in the context of proceedings raising the question whether a contourless colour mark has acquired a distinctive character through use, it is necessary in every case [Merpel's emphasis] that a consumer… [read post]
6 Jul 2016, 10:41 am
The pilot programme was due to expire on Thursday 20 June, but has been extended indefinitely in order to continue enjoying "expeditious, inexpensive and high-quality examination" for applicants [although Merpel notes that the PPH of itself does not achieve the last two of these three - it simply accelerates the beginning of the examination procedure in one country when the corresponding application has been allowed in another - why do press releases always have to be so… [read post]
28 Jun 2016, 11:44 am
However, since one of the two bases of the EPUE-Reg is Art 142 EPC [Merpel notes this is the European Patent Convention, and so independent of the EU and the UK's involvement in it] an agreement may be reached between the EPC member states being UPCA signatory states, including the UK, in the form of a Protocol to the UPCA agreeing that a unitary effect of an EPUE would be extended to the UK on the basis of Art 142 EPC. [read post]
26 Jun 2016, 12:00 am
[Merpel considered correcting Sven on this point by uttering a brilliantly Wildean epigram, but thought better of it.]The forging of a union is a fascinating, messy process. [read post]
23 Jun 2016, 11:00 am
Merpel has now got her paws on several copies of the Enlarged Board of Appeal's decision in the latest round of the "House Ban" disciplinary action (reported here). [read post]
21 Jun 2016, 2:56 am
Merpel sees this is an outrageous attempt to 'nobble' people acting in a judicial capacity (and judging by the comments section most of you agree).The Metaphorical Trademark "Bully": A Problem? [read post]
17 Jun 2016, 7:45 am
Bloggers and blog-lovers among us will be happy to know that IP Inclusive has a blog , and Merpel reports that there will appear there soon an entertaining report of the Diversity in IP breakfast meeting that took place in conjunction with AIPLA last Monday, which this Kat attended.The IPKat is now happy to publicise the IP Out group within IP Inclusive:Within the ‘Support’ work stream of IP Inclusive is IP Out - a new networking group for LGBT people and “straight… [read post]
14 Jun 2016, 1:43 pm
Merpel does not know. [read post]
