HOFFMANN EITLE Quarterly Newsletter 06/24
Veröffentlichung | 19.06.2024
Dear Colleagues and Friends,
It is hard to believe that a year has already passed since the Unified Patent Court entered into force. In this new issue of the Hoffmann Eitle Quarterly, we first look at the achievements, problems, and direction of this new court on its first anniversary. In the second article, we explore the groundbreaking CRISPR-Cas gene scissors and how forthcoming changes in EU law may be about to reshape the patent landscape in this context. Our third article then examines the fascinating topic of patenting AI inventions in Europe, and in particular the role of training and experimental data. We then look at a decision by the UKIPO on Registered Designs, clarifying the formal requirements for the representation of animated designs and, in our fifth article, we examine a decision by the German Federal Supreme Court explaining that emotional keywords are not enforceable under the German Act against Unfair Competition. Finally, in our last article, we report on a recent landmark decision by the EPO Boards of Appeal that opens the door to a broader application of medical use claims at the EPO. As always, we hope that you will find this issue of the Hoffmann Eitle Quarterly informative, and we welcome your feedback.
Nicolas Douxchamps
Editor-in-chief of the Hoffmann Eitle Quarterly
Partner - Belgian and European Patent Attorney
HE Electrical Engineering & Digital Technologies Practice Group
UPC: One Year of the New European Patent Court System
In its first year, the Unified Patent Court (UPC) has established itself as one of the major patent court systems worldwide. Over 200 cases have been filed already. The cases cover all areas of technology and have been initiated by different types of claimants, both large and small companies, and from different countries, with US entities leading the way. The first decisions have met many expectations: the UPC can deal with complex technologies (even in provisional injunction proceedings), it delivers fast results and the decisions have been praised as mostly well-reasoned.
CRISPR-Cas Gene Scissors Are Set to Cut Their Way Through EU Regulation on Genetically Modified Plants
CRISPR-Cas is set to revolutionise plant breeding. A radical simplification of the EU marketing authorisation procedure is expected to boost the commercial value of genetically-modified plants, bringing relevant patent issues to the forefront - a brief overview.
AI Patents in Europe: Relevance of Training Data and Providing Plausible Evidence
The UKIPO Clarifies the Requirements for Representing Animated Designs
In a recent decision, the UKIPO clarified the formal requirements set out in the Registered Designs Examination Practice Guide in respect of the representation of animated (GUI) designs. Hearing Officer confirms that there is no threshold to the number of features the views must have in common in order to be considered to be "visually related".
"Glück vs. LieBee": Emotional Keywords Unenforceable in Germany Under Unfair Competition Law
In a recent decision (December 7, 2023; I ZR 126/22), the German Federal Supreme Court confirmed that emotional keywords are not enforceable under the German Act against Unfair Competition (UWG). Specifically, the concept of using an emotional keyword as a product name cannot be considered as an element determining the competitive character of a product.
Device or Pharmaceutical Composition: T 1252/20 Proposes Broader Applicability of Medical Use Claims at the EPO
The recent decision T 1252/20 opens the door for a broader application of medical use claims at the European Patent Office (EPO). In a well- reasoned decision, the Board proposes that it is sufficient if the claimed subject matter is "prima facie" not a device, i.e., is defined by its chemical nature rather than physical properties. Previously, Applicants were required to demonstrate that the claimed product interacts with the body through its chemical properties and does not exert its technical effect purely through its physical form.
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With best regards,
HOFFMANN EITLE