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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.
2 December 2021
The EU “unitary patent” took a step closer to being established on 2 December when the upper House of the Austrian parliament (the Federal Council) approved the Protocol for Provisional Application (PPA) of the Unified Patent Court Agreement (UPCA). The Unitary Patent (UP) is intended to be a single patent right having effect in the territory of participating EU members, overseen by the Unified Patent Court (UPC). Austria is now in a position to become the 13th state to deposit its instrument of ratification of the PPA, perhaps in early 2022, if not before the end of 2021. As reported...
24 November 2021
The EPO has announced that it is further extending the use of videoconference for opposition division oral proceedings until 31 May 2022. The current measures, whereby all opposition division oral proceedings take place by videoconference, were due to expire on 31 January 2022. We understand that this announcement means that no opposition division oral proceedings will take place in-person until after 31 May 2022. These measures do not apply to the Boards of Appeal, who resumed in-person oral proceedings in Munich to a limited extent on 18 May 2020 and are currently conducting both in-person oral proceedings and videoconference oral proceedings, on...
24 November 2021
The European Patent Office (EPO), the European Union Intellectual Property Office (EUIPO), the UK Intellectual Property Office (IPO) and the International Bureau (IB) of WIPO all remain operational and will allocate filing dates for newly filed cases and accept other submissions/fee payments as normal. However, a number of measures have been adopted by the offices to assist applicants in view of the ongoing COVID-19 pandemic. The current position at each office is discussed below. Measures Taken by the EPO The EPO is no longer applying a blanket extension of “periods”, as it did between 15 March 2020 and 2 June 2020, but...
22 November 2021
This paper was originally submitted to the American Intellectual Property Law Association (AIPLA) ahead of its 2021 Annual Meeting and was the subject of a presentation at a plenary session there on 28 October 2021. The author, Andrew Bentham , is a partner in the Biotechnology and Life Sciences group of J A Kemp LLP (Cambridge, UK). If you wish to discuss any of the issues covered in the paper, please feel free to contact Andy direct. Current Patenting Issues in Europe Facing Life Sciences/Biotech Innovators and Effective Claim Drafting Strategies to Avoid Pitfalls
11 November 2021
As previously reported, the UK Court of Appeal rejected an attempt to name a computer system (DABUS) as an inventor on a UK patent application. As suggested in that report, and unsurprisingly given the widespread attempts by the DABUS team to gain acceptance of computer inventors (and indeed the hype that they have sought to generate around these cases), we understand that the applicants have now applied to the Supreme Court for permission to appeal that decision. Whilst the applicants may be encouraged by the “split” in the Court of Appeal decision, an appeal to the Supreme Court would represent...
29 October 2021
We reported in August 2021 that the EPO’s Enlarged Board of Appeal (EBA) would be considering the doctrine of plausibility at the EPO. The written decision of Board of Appeal making the referral is now available (see here), and the referral has been assigned the number G2/21. The final questions referred to the EBA are as follows: “If for acknowledgement of inventive step the patent proprietor relies on a technical effect and has submitted evidence, such as experimental data, to prove such an effect, this evidence not having been public before the filing date of the patent in suit and having...
29 October 2021
Commentators have been concerned that implementation of the Unitary Patent (UP), which is intended to be a single patent right having effect in the territory of participating EU members, overseen by the Unified Patent Court (UPC), could be delayed due to the UK’s withdrawal. This is because of the express mention of the UK and London in the Unified Patent Court Agreement (UPCA), the Protocol for Provisional Application (PPA) and the Protocol on Privileges and Immunities (PPI), all of which need to come into force in order for the project to go ahead. The UK has indicated that it will...
28 October 2021
The EPO’s Enlarged Board of Appeal (EBA) has today issued its written decision in case G1/21, which concerns the legality of holding oral proceedings by video conference without the consent of the parties. As previously reported (see here), the EBA issued an order (without detailed reasoning) in July 2021, which stated: “During a general emergency impairing the parties’ possibilities to attend in-person oral proceedings at the EPO premises, the conduct of oral proceedings before the boards of appeal in the form of a videoconference is compatible with the EPC even if not all the parties to the proceedings have given their...
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...
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."