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Find out about the Unitary Patent and the Unified Patent Court here.
22 June 2022
The World Trade Organization (WTO) has reached a limited agreement to relax patent protections for the production and supply of COVID-19 vaccines. The text of the agreement is available here. The agreement represents a clarification of already existing powers for WTO members to authorise the use of a patent without the patent-owner’s consent (so called “compulsory licensing”). The intention of the agreement is to help boost the supply of COVID-19 vaccines for poorer countries. However, critics have noted that there is no longer a worldwide supply problem with the vaccines, and that infrastructure problems in poorer countries (e.g. testing and distribution frameworks)...
16 June 2022
Ravi Srinivasan, Head of J A Kemp's pharmaceutical practice, has been named " Practitioner of the Yea r" at the Managing Intellectual Property (MIP) Awards. The Managing IP Awards programme recognises remarkable IP achievements and developments in the last year. J A Kemp won " Best UK Patent Prosecution Firm " at the Managing Intellectual Property awards in 2020.
25 May 2022
As reported previously, courts in both Ireland (in February 2022, concerning Inegy®) and Finland (in November 2021, concerning Janumet®) have recently identified an apparent discrepancy in CJEU case law with respect to the interpretation of “product” in the SPC Regulation. In short, the courts in both countries determined a need for the CJEU to clarify whether the same criteria should apply for the purposes of Article 3(c) of the Regulation, as compared to Article 3(a), and also whether or not there should be any difference between the assessment of products comprising single active ingredients as compared to combinations. Both the Irish...
13 May 2022
Technical Board of Appeal 3.5.07 has now applied the opinion given by the Enlarged Board of Appeal in G 1/19 (discussed in our Briefing here) to the pedestrian simulation application where the referral was made. As reported in our roundup of decisions in 2021, the Technical Board decided at oral proceedings in November 2021 to refuse the pedestrian simulation application but the reasoned decisions have only been published in the last few weeks. The applicant made a very thorough effort to obtain some protection for their invention, filing a total of eleven requests covering several different approaches to defining technical...
12 May 2022
Those following the widespread (and largely unsuccessful) attempts of the “DABUS” legal team in attempting to get an AI machine recognised as an inventor by patent offices will recall that their only real success to date came in Australia where the Federal Court decided that DABUS could be validly recognised as an inventor (see our earlier report). However, now even that ray of light appears to have been blocked out as the Full Federal Court has reversed that decision. After substantial analysis of the statutory background to the requirement to name an inventor, the five judges found unanimously that “only a...
27 April 2022
J A Kemp’s Cambridge office has won the “Intellectual Property/IT Team of the Year” category in the Cambridgeshire Law Society (CLS) Legal Excellence Awards 2022. The category included IP teams in large law firms as well as specialist patent and trade mark firms like J A Kemp. The award was sponsored by AstraZeneca. In addition to the firm award, recently promoted J A Kemp partner, Joe Simon-Brown was ‘highly commended’ in the rising star category.
8 April 2022
A recent Decision of Technical Board of Appeal 3.5.01, T 0550/14 (Catastrophe relief/SWISS RE) of 14.9.2021, discusses the approach Examination and Opposition Divisions should take to raising objections of non-technical subject matter and the detail they must provide to support such objections. Significantly, the Board states that the Division is entitled to raise an objection that a feature or problem is prima facie non-technical supported only by the assertion that it lies in one of the excluded matters listed in EPC Art 52(2) “or a related or analogous field”. Thereafter, the burden of proving that the feature or problem is...
7 April 2022
WTR 1000, the guide that identifies the top trade mark professionals in key jurisdictions around the globe, has called J A Kemp “One of the most reputable firms in the UK.” in its latest edition. It goes on to recognise that the firm “serves a prestigious client base which includes a significant number of US and Japanese names; while its separate French entity ensures it can still act before the EUIPO and prosecute trade marks across the continent post Brexit.” Five J A Kemp attorneys are singled out for praise. Head of the group, James Fish, is “a formidable operator … always an...
6 April 2022
The EPO has announced that it is once again extending the use of video conference for opposition division oral proceedings. The current measures, whereby all opposition division oral proceedings take place by video conference, were due to expire on 31 May 2022. We understand that this announcement means that no opposition division oral proceedings will take place in-person until after 31 December 2022. These measures do not apply to the Boards of Appeal, who continue to conduct both in person oral proceedings and video conference oral proceedings, on a case by case basis. For more information on video conference oral proceedings at...
6 April 2022
J A Kemp is pleased to announce the promotion of two associates to the position of partner.Joe Simon-Brown is a member of the firm’s Engineering and IT Group and started his career in London before joining the Cambridge team in 2018 to help service the firm’s client base there. Joe is passionate about supporting growing businesses and is involved with various programmes within the start-up ecosystem in Cambridge. With a technical background in physics, he covers a wide range of technical areas including software, scientific instruments, medical devices, and aerospace. Joe also frequently works on cases with an element of...
18 March 2022
The government of the Russian Federation has adopted on 7 March 2022 a decree which provides that no compensation is payable when a patent, utility model or industrial design is subjected to a compulsory license, if the proprietor is from a country carrying out “unfriendly activities”. The list of countries deemed to be carrying out “unfriendly” activities in relation to the Russian Federation was published on 5 March 2022, and includes 48 states. The list includes the United Kingdom, all of the member states of the European Union, several other European countries, the United States of America, Japan, South Korea,...
7 March 2022
Just over 3 months after we reported a referral from the Finnish Market Court concerning Article 3(c) for combination products (see our news item, here), the Irish Supreme Court has now made its own, similar referral. Both the Finnish and Irish referrals involve Merck Sharp & Dohme Corp as the SPC holder, although the Irish case is concerned with a different product (Inegy® - a combination of ezetimibe and simvastatin), patent (EP0720599), and respondent (Clonmel Healthcare Limited). In essence, and similar to their colleagues in Finland, the Irish court has identified that there is tension between the definition and interpretation of...
We set great store by what our clients say about us. These comments are all from leading legal and IP directories or provided directly by our clients.
J A Kemp was awarded "Best UK Patent Prosecution Firm" at the Managing Intellectual Property Awards 2020.
"J A Kemp demonstrates excellent technical prowess matched by legal sophistication. Unlike many other European patent attorneys, I view the partners there as collaborators rather than as service providers."
"Unified team culture, deep concentration of technical expertise and ability to effortlessly switch to another gear in times of extreme need.”
“J A Kemp is second to none in my experience.”
"I don’t work with anyone as good. I recommend J A Kemp because it’s good for my clients."
"If I want an opinion I’ll go with J A Kemp."
"They identify with our priorities, are immediately responsive and generate confidence in their technical ability."
“A very sharp firm, nimble on its feet and able to really deliver, J A Kemp is timely, professional and excellent value for money.”
"Clients are most impressed with the work of J A Kemp. The team are highly responsive, intensely hard-working, and uniformly thoughtful in their handling of prosecution and post-prosecution matters (e.g. oppositions). They are proactive and induce a high degree of confidence."
"J A Kemp offers some of the finest patent services in Europe, delivers cast-iron protection for inventions of all types and conducts sterling opposition and appeal work at the EPO."
"I am really impressed with them. The team is very proactive, strategic and thinks about the best way to move forward."
"J A Kemp’s team of trade mark attorneys are true experts and above all extremely commercial."
"The whole team is extremely knowledgeable of the underlying subject matter and also of EU patent practice - they do a valuable analysis of the specifications to optimise the patent’s strength."
"J A Kemp gives good, clear, commercial recommendations."
"J A Kemp is my preferred firm because the level of service and understanding of the client’s technology is great."
J A Kemp is "a go-to for UK and European trademark matters – its expert practitioners provide practical advice quickly and for a fair price, and impress at every turn".
"J A Kemp has a very 'can do' attitude for jobs which are complex."
"These are some of the most detailed and thorough instructions that I have ever seen. They evidence a keen understanding of US practice."
"J A Kemp is extremely knowledgeable and does a fantastic job."
"I cannot thank you enough for your expert advice and careful strategic thinking in this matter."
"We want the best protection available and I give J A Kemp the highest marks possible."