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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.

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News

10 May 2021

EU Court Rules Community Registered Designs May Claim Priority to a PCT Application Within 12 Months

In decision T 579/19 handed down on 14 April 2021, the European General Court (EGC) has ruled that the EUIPO is wrong to require that, for a valid priority claim, a Registered Community Design (RCD) always be filed within 6 months of an earlier application. Instead, the EGC has ruled that the nature of the earlier right, from which priority is claimed, is decisive for the duration of the priority period. Whilst there is no change for RCDs claiming priority to earlier design rights, the decision means that an RCD can validly claim priority from a PCT application as long...

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27 April 2021

What’s the Difference Between a Garden Hose and a Tractor?

This might sound like the start of a festive cracker joke, but is in fact the one of the main points of contention in the recent judgment, Claydon v Mzuri. The comparison was made in relation to an assessment of whether there had been a prior public disclosure during testing of a prototype agricultural seed drill. The prevailing case law, Mishan v Hozelock, relates to garden hoses. For a patent to be valid, the claimed invention must be novel over the state of the art at the time of filing. The state of the art includes any public disclosure of the...

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1 April 2021

J A Kemp Appoints Two New Partners

J A Kemp is pleased to announce the promotion of two associates to the position of partner. Hermione Thompson joined J A Kemp in 2011. She has a technical background in engineering and has handled a wide range of electrical, electronic and mechanical patent cases. She has experience working in a large variety of fields, for example, those related to medical devices, software, power tools, packaging and manufacturing methods, and lithographic apparatus. Hermione often works on cases with subject matter relating to life sciences as well as engineering. In particular, she is familiar with the considerations of agricultural companies and has...

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25 March 2021

UK Government Publishes Response to Consultation on the Impact of AI on IP Rights

Following an open consultation calling for views on the impact of AI on IP rights, the UKIPO has now issued the results of the consultation together with the government’s response in some key areas. The UKIPO issued the consultation at a time when questions regarding the development of AI systems and whether the IP system is keeping up with these developments were increasing. The responses to the consultation and the government’s opinions on these topics therefore provide an interesting insight into potential changes in the IP system in the future. The consultation was divided into four topics: 1) the aims of...

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24 March 2021

Further Developments Regarding Video Conference Hearings at the EPO

We recently reported that the EPO’s Enlarged Board of Appeal has scheduled a hearing date of 28 May 2021 for the referral regarding the legality of video conference oral proceedings without the consent of one or more of the parties. The EPO has today announced (see here and here) that it will continue to hold oral proceedings by video conference as under current practice, i.e. “without requiring explicit agreement of the parties”. This outcome is perhaps not altogether surprising under the circumstances: the EPO has explained that “avoiding a further delay in access to justice is a priority”. By contrast, had...

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18 March 2021

The Enlarged Board of Appeal Sets 28 May 2021 for the Hearing on Case G1/21 Regarding the Legality of Video Conference Hearings

As reported here , a referral has been made to the Enlarged Board of Appeal concerning the legality of holding oral proceedings by video conference without the consent of the parties. The case is now proceeding before the Enlarged Board of Appeal as G1/21, and a hearing has been scheduled to take place on 28 May 2021 by video conference. The parties and the President of the EPO have been invited to file observations by 27 April 2021. We will continue to report on further developments.

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16 March 2021

The Referral to the Enlarged Board of Appeal on Legality of Video Conference Hearings is Going Ahead

Board of Appeal 3.5.02 in appeal case T1807/15 has issued a decision referring a question to the Enlarged Board of Appeal on the legality of holding oral proceedings by video conference without the consent of the parties. As reported earlier here, doubt had been cast on whether the referral would in fact proceed, since the party who initially made the request for a referral subsequently withdrew the request. Now it has been confirmed that the referral will go ahead, and the Board of Appeal has referred the following question: “Is the conduct of oral proceedings in the form of a videoconference...

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12 March 2021

How Will Board of Appeal React to Withdrawal of Request for Referral to Enlarged Board of Appeal?

As reported earlier here, Board of Appeal 3.5.02 in appeal case T1807/15 indicated in the minutes of oral proceedings that it would refer a question to the Enlarged Board of Appeal concerning the legality of holding oral proceedings by video conference without the consent of the parties. The planned referral to the Enlarged Board of Appeal followed a request by a party to the proceedings, which was made at the start of oral proceedings on 8 February 2021. However, doubt has been cast on whether the referral will in fact proceed, since the party in question has now withdrawn the...

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11 March 2021

EPO Enlarged Board of Appeal Answers Questions Regarding Patent Eligibility of Technical Simulations

The EPO’s Enlarged Board of Appeal has issued a decision concerning the patent eligibility of technical simulations. Our news item discussing the initial referral can be found here. The Enlarged Board of Appeal’s decision can be found here. The three questions posed in the referral have been answered by the Enlarged Board of Appeal as follows: A computer-implemented simulation of a technical system or process that is claimed as such can, for the purpose of assessing inventive step, solve a technical problem by producing a technical effect going beyond the simulation’s implementation on a computer. For that assessment it is not a sufficient...

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1 March 2021

New EPO Guidelines for Examination Come into Force

The latest version of the EPO’s Guidelines for Examination comes into force today, 1 March 2021, and is available here. As discussed in our earlier news item here, one aspect of note in the new Guidelines is the introduction of a stricter approach to amending the description for conformity with the claims. Another interesting development is the introduction of examiner “consultations” by videoconference during the examination procedure (see here). For the last few years the EPO has been encouraging examiners and applicants to consider discussing substantive matters by telephone during prosecution, as part of its “early certainty” drive. It seems that the EPO...

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26 February 2021

J A Kemp Webinar: Patenting Antibody Pharmaceuticals at the EPO

Antibody therapeutics remain a rapidly developing field, with many antibody-based therapies now on the market and in the clinic. Patenting of antibodies, particularly for known targets, is proving increasingly challenging as the field becomes more crowded and practice tightens up. Although (perhaps surprisingly) there is still a relative lack of case law from the Boards of Appeal of the EPO, the decisions that have issued recently are consistent with the basic principles applied by examiners in their day-to-day practice. This webinar will explore those basic principles, making use of the significant experience of J A Kemp’s attorneys in handling antibody...

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26 February 2021

J A Kemp Webinar: Claim Scope and Sufficiency: When Does a Broad Claim Fall for Insufficiency?

The interface between claim scope and sufficiency has increasingly come under the spotlight in recent years. When can a broad claim be justified as providing legitimate protection for a principle of general application, and when should such a claim fall for lack of sufficiency? In this webinar we will review the key EPO and UK cases in this field and further consider to what extent the recent UK Supreme Court decision in Regeneron v Kymab moves the dial in this regard. Topics will include: Review of key UK and EPO cases in this field Regeneron v Kymab from the UK Supreme Court –...

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What's Your Business?

Why Choose Us?

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.

Managing Intellectual Property

J A Kemp was awarded "Best UK Patent Prosecution Firm" at the Managing Intellectual Property Awards 2020.

Chambers and Partners

 "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."

IAM Patent 1000

"Unified team culture, deep concentration of technical expertise and ability to effortlessly switch to another gear in times of extreme need.”

Managing Intellectual Property

“J A Kemp is second to none in my experience.”

Overseas Attorney Firm

"I don’t work with anyone as good.  I recommend J A Kemp because it’s good for my clients."

J A Kemp Client

"If I want an opinion I’ll go with J A Kemp."

Chambers and Partners

"They identify with our priorities, are immediately responsive and generate confidence in their technical ability."

World Trademark Review 1000

“A very sharp firm, nimble on its feet and able to really deliver, J A Kemp is timely, professional and excellent value for money.”

Managing Intellectual Property

"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." 

IAM Patent 1000

"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."

Chambers and Partners

"I am really impressed with them.  The team is very proactive, strategic and thinks about the best way to move forward."

The Legal 500

"J A Kemp’s team of trade mark attorneys are true experts and above all extremely commercial."  

IAM Patent 1000

"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 Client

"J A Kemp gives good, clear, commercial recommendations."

Overseas Attorney Firm

"J A Kemp is my preferred firm because the level of service and understanding of the client’s technology is great."

World Trademark Review 1000

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 Client

"J A Kemp has a very 'can do' attitude for jobs which are complex."

Overseas Attorney Firm

"These are some of the most detailed and thorough instructions that I have ever seen. They evidence a keen understanding of US practice."

IAM Patent 1000

"J A Kemp is extremely knowledgeable and does a fantastic job."

Overseas Attorney Firm

"I cannot thank you enough for your expert advice and careful strategic thinking in this matter."

J A Kemp Client

"We want the best protection available and I give J A Kemp the highest marks possible."

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