Latest insights

Read the latest news and briefings from the team at Schlich about real cases involving patents, trade marks and designs.

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Warner Lambert v Actavis – UK Court of Appeal

Warner-Lambert is the proprietor of European Patent 0934061 which claims “Use of Pregablin for the preparation of a pharmaceutical composition for treating pain”. Pregablin is also used for the treatment of generalised anxiety disorder and epilepsy, although treatment of these conditions is not protected by patents. Actavis and other pharmaceutical companies intended to supply generic […]

August 2015

Patenting of Plants at the EPO

Background Applicants wishing to obtain patent protection in more than one country have various options for doing so. One strategy is to file a first application at, say, the UK Intellectual Property Office (UKIPO) or the European Patent Office (EPO), and then file a family of patent applications in the various countries of interest within […]

May 2015

Unitary Patent Court – Fees Proposal

Introduction The Court costs for the Unified Patent Court seem significantly higher than those of the UK High Court, with the cost for actions for infringement at €11,000 and revocation actions (including counterclaims) at €20,000. In addition to this, for claims with a value of greater than €500,000, there are additional ‘value-based’ fees that scale […]

May 2015

The UK Supreme Court Considers Developments in Passing Off

Developments in the media across the world mean that recognition of a trade mark is ever easier. However, the Supreme Court has considered whether gaining such a reputation is the same as gaining goodwill in a trade mark. Goodwill is the quality attached to a trade mark whose damage means that the trade mark has […]

May 2015

The Patentability of Human Embryonic Stem Cells in Europe

WEDNESDAY 25 MARCH 2015 FROM 5.15PM Where does Europe stand on the patentability of huESCs? Can this be influenced for a broader scope of protection in support of innovative technology and future life changing therapies. You are invited to participate in an open, informal, educational and progressive discussion, including topics such as: CJEU ruling in […]

March 2015

Japan and the USA Join the Hague System

The Hague System for the International Registration of Industrial Designs is run by the World Intellectual Property Organisation (WIPO) and provides a practical and efficient business solution for registering designs in over 64 territories. Furthermore, one single international application can contain up to 100 designs. Japan and the US joining the Hague System As of […]

March 2015

New CTM Guidelines

Another revision is currently underway and further updated Guidelines are expected to be issued in the second half of 2015. The format and structure of the Guidelines has been updated to make it clearer, and the case-law section has been updated. A number of errors have been also corrected and clarifications made. In addition changes […]

March 2015

PCT Direct at the European Patent Office

March 2015

The Unitary Patent System

Questions When will the Unitary Patent System take effect? This is currently unknown. The system will come into force once the UPC Agreement has been ratified by 13 member states, which must include the UK, Germany and France. At present the “best guess” is mid-2016. Once the system is in place, when must the Applicant […]

February 2015

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