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J A Kemp LLP continues to provide a full service to all clients, operating within the guidelines issued by European governments. The firm’s attorneys and the colleagues supporting them are working remotely. As far as possible, please use email to contact the firm and, in particular, to issue any instructions.

Click here for information on how disruption caused by the coronavirus situation may affect your intellectual property rights.

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News

3 April 2020

EPO, EUIPO and UK IPO Advice in Relation to Coronavirus Outbreak

The European Patent Office (EPO), European Union Intellectual Property Office (EUIPO) and the UK Intellectual Property Office (IPO) have published advice on measures being taken in view of the world-wide coronavirus outbreak. The EPO’s “continually updated” information can be found here, and the current position is summarised below. The disruptions due to COVID-19 in Germany qualify as a “general dislocation” under Rule 134(2) EPC in a country where the EPO is located, and so the EPO has issued a notice stating that “periods” expiring on or after 15 March 2020 are extended until 17 April 2020 for all parties and their representatives....

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2 April 2020

J A Kemp Appoints Two Partners

J A Kemp is pleased to announce the appointment of two partners. Vicki Allen and Daniel Shaw are both members of the Biotechnology and Life Sciences Group and are based in the firm's Cambridge office. Vicki works across all areas of biotechnology, with a particular focus on antibody therapeutics. Vicki’s other areas of interest and expertise include diagnostic assays, screening methods, personalised medicine and antimicrobials. She joined J A Kemp in 2010.Dan joined J A Kemp as an associate in 2017 after training at another top-tier patent firm. His areas of interest and expertise across the life sciences spectrum include plant...

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2 April 2020

EPO Announces that Examining Division Oral Proceedings will be via Videoconference

The President of the EPO issued a decision on 1 April 2020 concerning oral proceedings before examining divisions. A notice was also issued, which provides additional information regarding oral proceedings held by videoconference. According to the President’s decision, oral proceedings before examining divisions will take place by videoconference, unless there are serious reasons for the oral proceedings to take place on the premises of the EPO. The decision comes into force on 2 April 2020 and will apply to all summons to oral proceedings notified on or after that date. The previous default position was for oral proceedings before examining divisions to...

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20 March 2020

UPCA Enactment in Germany Found Unconstitutional

The German Constitutional Court has found that the Bundestag did not effectively pass the Act of Approval of the Unified Patent Court Agreement (UPCA) rendering the Act of Approval void. The UP/UPC system is an EU initiative to establish a Unitary Patent (UP) having unitary effect throughout the EU member states, and to establish the Unified Patent Court (UPC) to hear disputes relating to the Unitary Patent, and also relating to European patents having effect in the EU member states. The complaint filed with the German Constitutional Court was held admissible only in as far as it related to the...

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6 March 2020

J A Kemp Wins MIP UK Patent Prosecution Firm of the Year 2020

J A Kemp won " Best UK Patent Prosecution Firm " at the Managing Intellectual Property EMEA Awards on 5 March. The Managing IP awards programme recognises remarkable achievements and developments in the past 12 months. The awards ceremony took place at the Marriott, Grosvenor Square, London. Partners, Ravi Srinivasan and Amanda Simons collected the trophy on behalf of the firm.    

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3 March 2020

Enlarged Board of Appeal Now Considering the EPO’s Approach to Double Patenting in Case G4/19

We reported in February 2019 that questions concerning double patenting had been referred to the Enlarged Board of Appeal by the Board of Appeal in case T0318/14. Despite the oral proceedings (during which the referral was made) having been held in February 2019, the Board of Appeal did not issue a written decision until December 2019. Consequently, the Enlarged Board of Appeal did not formally receive the referral until recently. The referral is now pending before the Enlarged Board of Appeal as G4/19. As we reported previously, the following questions have been referred to the Enlarged Board of Appeal: 1. Can a...

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28 February 2020

UK Government Will Not Seek UK Participation in UP/UPC System

Following publication of the UK Government’s paper relating to the future relationship of the UK with the EU, a government spokesperson has confirmed that the UK will “not be seeking involvement in the UP/UPC system”. The UP/UPC system is an EU initiative to establish a Unitary Patent (UP) having unitary effect throughout the EU member states, and to establish the Unified Patent Court (UPC) to hear disputes relating to the Unitary Patent, and also relating to European patents having effect in the EU member states. It is unclear whether, when and in what form the UP/UPC system will proceed. Currently further progress...

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24 February 2020

Gold Ranking for J A Kemp’s Team of Trade Mark Experts

J A Kemp has been awarded the top ranking of “Gold” in the 2020 edition of World Trademark Review 1000. The guide states that firms and individuals awarded this ranking are “those that attract the most positive comments from sources. We have identified them as the crème de la crème; their success often hinges on reputations established over lengthy periods of time, something which enables them to secure the most high-profile, big-ticket work from the most prestigious of clients.” The guide speaks favourably of the firm as a whole. “A very sharp firm, nimble on its feet and able to really deliver,...

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5 February 2020

J A Kemp Shortlisted for MIP UK Patent Prosecution Firm of the Year 2020

J A Kemp has been shortlisted by Managing Intellectual Property in the UK Patent Prosecution category in this year's EMEA awards. The Managing IP awards programme recognises remarkable achievements and developments in the past 12 months. Trophies will be presented to the winners on 5 March at the Marriott, Grosvenor Square, London. Partners, Ravi Srinivasan and Amanda Simons will be attending the ceremony on behalf of J A Kemp.  

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5 February 2020

EPO Increases Options Available for Obtaining a Refund of the Appeal Fee During Appeal Proceedings

The EPO has announced changes to Rule 103 EPC, which governs reimbursement of the appeal fee. These changes will come into force on 1 April 2020, at the same time as increases to many EPO official fees, including the appeal fee (see our news items discussing the fee increase here). The intention of the changes to Rule 103 EPC is to provide appellants with further financial incentives to withdraw appeals, and thereby help to reduce the backlog of undecided appeals. No changes are being made to Rule 103(1) EPC, which specifies that a full appeal fee refund will be issued if...

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5 February 2020

EPO to Increase Official Fees from 1 April 2020, Including an Increased Appeal Fee for Most Corporate Appellants

The European Patent Office (EPO) has announced that the official fees charged for European patent applications will be increasing from 1 April 2020. More details of the fee increases can be found here and here. Most official fees are increasing by an “inflationary” amount of 4-5%. An exception is the appeal fee, which will be increasing by nearly 20% for most appellants. In this regard, there are currently two levels of appeal fee. A lower level of appeal fee is payable for appellants that are either (a) a natural person, or (b) a small- or medium-sized enterprise, a non-profit organisation, a university...

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3 February 2020

European Innovation and IP Awards 2020

J A Kemp won the Silver Award in the ‘Best IP Advisor UK and Ireland’ category at the European Innovation and IP Awards held in Paris on 29 January. This is the third year running that the firm has won the award, which was received by Jimmy Nicholls , a partner from J A Kemp’s Paris office. The Awards ceremony, attended by over 400 participants, followed the European Innovation and IP Forum, organised by Leaders League.

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Events

21 April 2020

J A Kemp Webinar: Dosage Patents in the UK, Europe and Beyond

Securing patents for new dosages of pharmaceutical products is now an established practice before the European Patent Office. However, the Supreme Court’s decision on this topic last year in Actavis v ICOS has caused some to question whether such patents can ever be maintained in the UK Courts. In this webinar, we will consider the law surrounding dosage patents at the EPO and in the UK and the strategic questions which are raised by the Actavis v ICOS decision. We will also look at how this issue is dealt with in other jurisdictions. Topics will include: Background to the law on dosage...

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28 April 2020

Nordic IPR 2020

UNFORTUNATELY CANCELLED DUE TO COVID-19 We are delighted to be speaking at the 2020 Nordic IPR Summit in Stockholm on 28-29 April. Nordic IPR is the only Nordic specific IP event devoted specifically to the IP and patent challenges. You will be able to meet with 80+ Heads of IP, Heads of Patents and Chief Counsels from industries including Software, Automotive, Oil & Gas, Life Science, Telecoms, Gaming and many more. J A Kemp attorneys Amanda Simons , Toby Hopkin and Ben Mooneapillay will be there. Look out for them on the partnering platform.

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