MEWBURN ELLIS LLP
MEWBURN ELLIS LLP is one of the UK's largest firms of Chartered Patent Attorneys, European Patent Attorneys, European Trade Mark Attorneys and European Design Attorneys. We serve clients from the UK and all around the world, covering the full range of intellectual property issues: Patents, Trade Marks, Designs, Industrial Copyright and related matters.
Enlarged Board to consider allowability of disclaimers
A Technical Board of Appeal at the EPO has referred a question to the EPO’s Enlarged Board of Appeal. The question concerns the amendment of a claim to introduce a “disclaimer”, and the circumstances under which such an amendment adds subject matter to an application. This referral is now pending as case G2/10 ("Disclaimer").
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Numatic International Ltd v Qualtex UK Ltd EWHC 1237 (Ch), 28 May 2010
The 'Henry' vacuum cleaner was victorious in a passing-off claim in a recent UK High Court case. Numatic, manufacturers of the much-loved 'cheeky chappy' vacuum cleaner were granted an injunction, preventing Qualtex's replica machine from being marketed.
Although it did not provide any new guidance to help patent practitioners determine whether or not an invention is patentable in the US, the Court expressly disagreed that the machine-or-transformation test is the sole test for deciding whether or not a process is eligible for patentability, and confirmed that business methods are not categorically excluded from patent protection in the US. The decision effectively acts to revert US patentability practice to its traditional open stance.
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