Patent

Author : Lucy O’Brien   USPTO launches new scheme for climate change combating patent applications In May 2022, the United States Patent and Trademark Office (USPTO) announced that they have created a new program which aims to help fast-track the initial review of patent applications that are directed to a product or process that helps… Read more »

Freedom to Operate – Understanding the risks   There are many factors to be considered for a project developing a new product or process, but Freedom to Operate should not be overlooked. What is Freedom to Operate? Freedom to Operate, or “FTO”, is the ability to carry out commercial plans without infringing third party Intellectual… Read more »

Prosecuting green patents around the world The UK Intellectual Property Office (UK IPO) launched the Green Channel in 2009. The Green Channel is a scheme which allows applicants to request accelerated prosecution of patent applications directed to an invention which has an environmental benefit. Since the launch of the green channel in the UK, a… Read more »

AA Thornton reports on 2022 updates to EPO Guidelines for Examination On 3 February 2022, the European Patent Office provided a preview of updates to its Guidelines for Examination, which will come into effect on 1 March 2022. There are various improvements that we really welcome, including some that we recommended, but we also have… Read more »

9. Clarification of section on patentability of antibodies This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   We are pleased that the comments on patentability of antibodies in Guidelines Part G, Chapter II, section 5.6 has been clarified and updated. AA Thornton’s Craig Turner discussed this with… Read more »

8. Data retrieval, formats and structures This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   This section G-II, section 3.6.3 includes a minor clarification (underlined below): “A data structure or format contributes to the technical character of the invention if it produces has an intended technical use… Read more »

7. Update relating to games This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   In a section discussing patentability of games, section G-II, 3.5.2 of the previous Guidelines and the new version tells us that: “…An example of a technical context in which the manner of presenting… Read more »

6. Computer simulation, design or modelling – following G1/19 This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   The section of the Guidelines relating to patentability of computer simulation (Part G, Chapter II, section 3.3.2) has been changed significantly following the comments of the EPO’s Enlarged Board… Read more »

5. New example assessment of invention including mathematical method steps This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   There is a second new example assessment of inventive step at G-VII, 5.4.2.4. This example assesses a computer-implemented method of determining areas in which there is an increased… Read more »

4. New example assessment of technical application of AI This forms part of a wider report on the 2022 updates to EPO Guidelines for Examination.   We applaud the EPO’s decision to add a first example assessment of inventive step for a technical application of artificial intelligence, and another new example assessing inventive step for… Read more »