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J A Kemp LLP continues to provide a full service to all clients during the pandemic. Please use email to contact the firm and, in particular, to issue any instructions. Click here for information on how disruption caused by the pandemic may affect your intellectual property rights.
21 October 2021
J A Kemp has been listed in the top tier of Patent and Trade Mark Firms in the 2022 edition of Chambers and Partners. Clients commented: "J A Kemp have been outstandingly good tactically, strategically and operationally. They manage patent prosecution matters efficiently and effectively." They went on to say that the firm’s attorneys are "Very good technically and on top of their subject." An interviewee said the team is "packed with brilliant people and the firm offers dedicated practitioners who are at the top of their cases," adding: "The team goes straight to the core of the matter, providing clear and concise advice informed by a deep understanding of...
19 October 2021
The EU “unitary patent” took a step closer to being established on 15 October when a further EU state ratified the preparatory protocol. The EU unitary patent is intended to be a single patent right having effect in the territory of the participating EU members, overseen by a new Unified Patent Court (UPC). According to the Preparatory Committee of the Unified Patent Court, Slovenia has become the twelfth state to ratify the Protocol on the Provisional Application of the UPC Agreement (PAP-Protocol) and the sixteenth state to ratify the UPC Agreement. The PAP-Protocol brings certain aspects of the UPC Agreement into...
12 October 2021
In a recent judgment (Optis Cellular Technology LLC & Ors v Apple Retail UK Ltd & Ors  EWHC 2564 (Pat), 27 September 2021), Meade J, sitting in the England and Wales High Court, gave a decision in a series of trials relating to eight of Optis’s patents in the field of telecommunications. Each of these patents is asserted to be a standard-essential patent (SEP) and was declared to the European Telecommunications Standard Institute (ETSI). In two of the earlier trials (Trials A and B), it was found that Apple did indeed infringe two of Optis’s SEPs. The present decision (Trial...
30 September 2021
J A Kemp continues to be ranked in the top tier for both patents and trade marks by Legal 500. The 2022 edition of the guide also recommends seventeen J A Kemp partners. The guide quoted comments from patent clients, who said: ‘The team’s client commitment is outstanding. They combine high-level legal expertise with practical and business sense.’ and ‘They are great strategic advisers in the field of IP. We typically work with one partner, however, the firm has various attorneys on board with specific expertise in certain areas. And these can be swiftly pulled on board – if the case...
28 September 2021
Following rejection of the constitutional challenge against Germany’s participation in the Unified Patent Court (UPC) reported here, on 27 September 2021 Germany ratified the Protocol on the Provisional Application of the UPC Agreement (PAP-Protocol). The PAP-Protocol brings certain aspects of the UPC Agreement into force provisionally, allowing the UPC to be set up as an institution before the UPC system itself is fully operational. This includes the recruitment of judges and budgeting arrangements for the court. Two further countries are required to ratify the PAP-Protocol before the phase of provisional application of the UPC agreement can officially start. It has been...
22 September 2021
We have previously reported (UK, Europe, US, Australia) on the efforts in many countries by Dr Stephen Thaler to file patent applications which name a computer system (“DABUS”) as the inventor. In September 2020, the High Court upheld the UK IPO’s decision to deem Dr Thaler’s applications withdrawn for failure to properly indicate an inventor (because an inventor was required to be a natural person and also because a computer could not transfer rights in an invention to a person because it was not entitled to own them to begin with). Dr Thaler and his legal team obtained permission to...
14 September 2021
A recent decision of the UK Court of Appeal (FibroGen v Akebia  EWCA Civ 1279) has provided clarification on the assessment of sufficiency for claims directed to a medical use of a functionally-defined compound. In doing so, the Court found a “reach-through” claim to be sufficient, even though it may cover the use of compounds that have not yet been invented. The key claims related to use of a compound for treating anaemia. The compound was defined partly in structural terms (a very broadly defined class of carboxamides) and partly in functional terms (requiring that the compound “inhibits [HIF-PH]...
13 September 2021
On 27 September 2021 J A Kemp will move its London office to new premises at 80 Turnmill Street, London, EC1M 5QU. Just 10 minutes’ walk from the firm’s current offices at Gray’s Inn and conveniently located close to Farringdon Station, the new office is served by underground and overground train services with excellent connections across London. The new premises will provide a modern working environment with flexibility to expand and adapt to the firm’s needs as required. New facilities include dedicated video conferencing suites for appearances before the European Patent Office. This substantial investment in the future growth and development of the...
3 September 2021
J A Kemp has once again been ranked as a leading patent prosecution firm in “IAM Patent 1000 - The World’s Leading Professionals 2021”. The guide has this to say about the firm: “Outstandingly good tactically, strategically and operationally, is the market consensus on dynamic patent attorney firm J A Kemp. From three UK offices and additional bases in Paris and Munich, it has turned filing into an art form. It consistently gets the right results in oppositions too.” The J A Kemp partners ranked included the Head of Pharmaceuticals, Ravi Srinivasan, whose “insights and attention to detail are second to none;...
12 August 2021
Those active before the EPO in the pharmaceutical and biotech fields will be aware that a “hot topic” at the EPO is the requirement for a “plausible” disclosure of efficacy in the application as originally filed. This is a complex topic, and it is perhaps fair to say that the case law of the boards of appeal is not always consistent or clear in this area. We may now have some welcome clarity on this topic: in a recently published set of minutes from EPO Board of Appeal hearing on 22 July 2021 (appeal number T0116/18) regarding European patent EP2484209, the...
11 August 2021
The High Court has handed down a judgment in the case of Promptu Systems Corporation v Sky UK Limited et al. The case related to the alleged infringement by Sky’s Sky Q subscription television service of a European (UK) patent owned by Promptu. A number of issues were considered relating to infringement and validity, with the court eventually finding that although the operation of the Sky Q system would have infringed, the patent was invalid for obviousness and therefore should be revoked. However, the court considered an interesting point regarding the territoriality of the alleged infringement. The Sky Q system includes...
3 August 2021
We have previously reported (US, Europe, and UK) on the unsuccessful attempts by the University of Sussex and Dr Thaler to have his AI machine “DABUS” recognised as an inventor by patent offices around the world. Although those decisions are under appeal, the overwhelming approach of patent offices to this concept has, so far, been extremely negative. Last week saw a few rays of potential sunshine for the DABUS team. Firstly there was a somewhat over-hyped acceptance of the application in South Africa. Despite the inevitable publicity that was made about this being a “first” and a “success” for the DABUS...
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."