Tag Archives: Startup

Detailed guide: Requests for opinions: 2018

Updated: Opinion 05/18 added.

Overview

The table below shows information about opinion requests we have received in 2017 and what stage each request has reached.

For example, you can see whether:

  • you can file observations on a request or whether the period for doing so has expired
  • we have issued an opinion
  • the person who filed the request has withdrawn it
  • we have refused a request for an opinion. Where we’ve issued a decision refusing the request, you can view this in our decisions database

Further information

If you would like more information about a particular request please contact us by:

  • telephone: +44 (0)1633 813813 or +44 (0)1633 813616
  • fax: +44(0)1633 814491
  • email: opinions@ipo.gov.uk

2018 requests

Opinion number Patent/SPC number, title and owner Requester and request date Issue (Infringement and/or Validity) Observations deadline Outcome
05/18
EP2156014

Subsea Cooler

FMC Kongsberg Subsea AS

Protector IP Consultants AS

1 February 2018

Validity 6 March 2018
04/18
EP2811470

Moire Magnification Device

De La Rue International Limited

Stephen Walker, Lincoln IP Limited

12 January 2018

Validity 13 February 2018
03/18
EP2194596

A Method of Fabricating Structured Particles Composed of Silicon or a
Silicon-Based Material and their use in Lithium Rechargeable Batteries

Nexeon Limited

OneD Material

10 January 2018

Validity 9 February 2018
02/18
EP2801443

Processing medium for processing stainless steel or other metallic surfaces, method for processing stainless steel or other metallic surfaces using such a processing medium and nozzle arranged to be fitted on a process gun

Phibo Industries BVBA

Barker Brettell LLP

8 January 2018

Validity 9 February 2018
01/18
EP2003466

Mobile Phone Localization Method

Eryk Szweryn And Lukasz Strzalkowski

ip.access Ltd

4 January 2018

Infringement 8 February 2018


Source: UK IPO News

News story: Changes to the trade mark search tool

Earlier this year, as part of ongoing work to our digital services, we implemented changes to our online trade mark search service. The functionality of the three search options stayed the same, but their look and style was changed, especially to the search by word, phrase and or/ image.
We introduced tabs to categorise details with the option to also ‘display content without tabs’.

Your feedback informed us that having the search pages default to the tab based layout, resulted in not enough information being shown. This added additional clicks to the user journey meaning it took longer to find information.

To rectify this, if you choose to ‘display content without tabs’, your browser will now remember your choice on your next visit. You can also revert back to ‘displaying content with tabs’ at any time.
Additionally, we have made the following changes:

  • selecting ‘Open all’ will expand all the case classes and terms – your browser will remember your choice on your next visit

  • you will now have the ability to copy and paste the trade mark logo / text if you choose to ‘display content without tabs’

  • when displaying content without tabs, series marks are displayed vertically on a single page

  • selecting ‘New search’ from the trade mark case details page will now return you to the ‘Search for a trade mark’ start page, enabling you to select a different search method.

  • when you start a new search from the ‘Search for a trade mark’ start page your browser will now clear all the terms you entered for a previous search

We would welcome your feedback

Source: UK IPO News

News story: Higher executive officer role available at the Intellectual Property Office

Candidates will gain exposure to a high profile and evolving policy areas, and will be a central part of ensuring that the IPO delivers the best outcome for the UK copyright framework in EU Exit negotiations.

The role will also include ongoing work on European negotiations on the Digital Single Market proposals and their future implementation, and future work on trade negotiations as a result of EU Exit. The post holder will act as a point of contact within the team for specific issues.

For more information about this role please take a look at the full job advert

Source: UK IPO News

Open consultation: Industrial Strategy: Intellectual Property Call for Views

As the government sets out its plans for an ambitious new industrial strategy, the IPO is seeking views to form part of our contribution to the next phase of the strategy. We are looking for your views on a range of specific ways we can get innovators to work together more effectively and get the most out of their IP.

The consultation will run for five weeks, closing on 8 November 2017.

Source: UK IPO News

Guidance: Tribunal Patents Manual

The manual includes detailed desk instructions on the practices and procedures for formal examination and processing of statements and evidence filed in inter partes proceedings before the Comptroller and in the formal processing of ex parte proceedings

We update the manual regularly to include changes in practice and procedure.

Source: UK IPO News

News story: IPO named one of UK’s most family friendly employers

The Intellectual Property Office (IPO) has been named as one of the UK’s most family friendly employers by the charity Working Families.

The list of employers was unveiled on 2 October in London, as part of National Work Life week. The list is made up of organisations who are leading the way in building flexible, family friendly workplaces. Employers large and small from many sectors compete annually to gain a place on the list.

This is the first year the IPO have taken part in this benchmark and are delighted to be recognised for having a flexible and supportive workplace for families.

Sarah Jackson OBE, Chief Executive of Working Families, said:

Congratulations to The IPO whose flexible, agile approach has earned them a much-coveted place on 2017’s list of Top 30 Employers for Working Families. The annual benchmark provides a clear picture, not just of current practice, but also the evolving way organisations think about work life balance and flexible working.

For more information on the Top 30 Employers for Working Families, including the full list of organisations, please see the Working Families website.

Source: UK IPO News

News story: Criminal law changes to online copyright infringement

What’s changed?

The criminal law provisions relating to online copyright infringement have changed. The maximum sentence that can be levied is now ten years. This change brings the law in line with what is already available for physical copyright infringement.

The changes affect sections 198 1(A) and 107 2(A) of the Copyright Designs and Patents Act. These sections outline criminal offences arising from infringement of a performers making available right, and their communication right.

An additional mens rea has also been introduced. It must now be proved that a person “knows, or has reason to believe that the act of infringement will cause loss to the owner of the right or expose the owner of the right to a risk of loss”.

The facts

These offences do not criminalise the downloading of material, although civil action can be taken against any infringer in these circumstances.

In some circumstances the downloading of material can also involve the re-upload of the same material, which may mean the requirements of the offences are met.

To avoid the risk of any civil or criminal action being taken against you our advice is to access content legally. If you are unsure how to do this Get it Right from a Genuine Site can help you.

Source: UK IPO News

Guidance: IP (Unjustified Threats) Act for SMEs

This guidance covers:

  • what is intellectual property infringement
  • I have received a letter saying I’m infringing – what do I do now
  • what is an unjustified threat
  • what protection is available against unjustified threats
  • I am a rights-holder – how do I avoid making an unjustified threat
  • how should I approach a person I think is infringing my IP right
  • what am I allowed to say

Source: UK IPO News

News story: IP (Unjustified Threats) Act comes into force

The new law on threats is clearer, consistent across all relevant IP rights, and will help businesses to avoid expensive litigation.

An unjustified threat is made when someone unfairly threatens someone else with legal action for infringing their intellectual property, when no infringement has actually taken place. These threats are costly and disruptive, drive customers away and stop businesses trading legitimately in goods and services.

The IP (Unjustified Threats) Act 2017 will:

  • help businesses negotiate fairly over IP disputes, and protect businesses who can be most harmed by unjustified threats
  • make it clear what you can and can’t say when approaching another business about an alleged infringement
  • help IP owners and third parties understand when an approach is a threat
  • encourage IP owners to approach the source of the alleged infringement, rather than customers or retailers
  • encourage a culture of allowing businesses to “talk first”, rather than head to court
  • bring consistency and certainty across this complex area of IP law

Why did we make the changes?

The law was complex, unclear, and inconsistent between the various IP rights involved. It made IP owners, particularly SMEs, reluctant to try and enforce their IP. It also made it difficult for businesses to make legitimate attempts to settle an IP dispute before going to court. The changes follow from detailed proposals put forward by the Law Commission for reform in this area of law.

Read our business guidance to find out more information on unjustified threats and how they affect the actions you can take.

Source: UK IPO News

News story: Use a website address instead a registered design number

What’s changed?

From today registered design owners can mark their product with a website address to show the product is protected by a registered design. Previously the only way to do this was to put the registered design number on the product. The webpage must clearly set out the registered design number(s) relevant to that product.

Removing the need to mark the registered design numbers directly on the product will reduce burdens and costs for businesses and individuals who own registered designs.

Why is it important to show the design is registered?

Marking the product as protected by a registered design is optional, but it gives the design owner the best chance of being awarded financial remedies if their design is infringed. Using a website address will also make it easier for the public to access up-to-date registered design information in relation to a product.

Read our guidance on how to display your rights.

Source: UK IPO News