J A Kemp

In a recently-published decision T2360/19, the EPO’s Technical Board of Appeal applied new liberal standards when assessing legal entitlement to priority, following a relaxation of this aspect of the law. The present decision marks a dramatic reversal of the earlier conclusions of the Board on essentially the same fact pattern in a high-profile case at the EPO. More widely, it should be welcomed by proprietors as further evidence of the recent significant liberalisation of the EPO’s case law in relation to priority entitlement. Read more in our latest news item.

Next Tuesday, join us for an unmissable and jam-packed celebration of a decade of No & Low innovation at the Low, Light, and Alcohol-Free Summit. This milestone event will bring together top brands and industry experts to reflect on the journey so far and shape the future of the category.
 Get an exclusive early look at the full program by downloading the digital version from clubsoda.me/LLAF-2024 What’s in store for you? * Connect with Buyers: More and more buyers are signing up every day. * Expert Guidance: Receive personalised advice on branding, trademarking, strategy, and PR at our free 1-1 sessions. * Investor Networking: Rub shoulders with investors eager to discover the next big thing. * The Future: Share your thoughts and contribute to discussions that will define the next decade. * Invaluable Insights: Learn from trailblazing brands that have been there and done that.
 Join us at Coin Street to meet, mingle, collaborate, and embrace new ideas that will drive the next ten years of growth. This is your chance to make sure you are part of a bold manifesto for the future. Don’t miss out—grab your ticket now at joinclubsoda.com and be part of something extraordinary! Thanks to PB Creative | J A Kemp | Nudge PR | Drinkaware | Distill Ventures| Wine and Spirit Trade Association | Athletic Brewing Co. | Better Rhodes

Understanding the difference between a scientific discovery and an invention is crucial in today's knowledge-driven economy. While discoveries expand our understanding of the world, inventions are the practical applications of this knowledge, solving specific problems and driving technological advancements. As university research increasingly focuses on innovation, the line between discovery and invention often blurs. This distinction is not just linguistic but fundamental to the patentability of new technologies. Read more in Stephen Hodsdon’s latest article for Business Weekly newspaper.

The Club Soda Low, Light and Alcohol-Free Summit is a day of learning, support, and networking for the pioneering community of the world’s most exciting emerging low-alcohol and alcohol-free drinks brands. J A Kemp has been working with low, light and alcohol-free brands for a number of years, so we are really pleased to be supporting the first brand-led conference for this drinks category which will be taking place on 10 September 2024. J A Kemp's Trade Mark team will be sponsoring the 'Launching' stream. Designed for early-stage brands, it will cover everything from working with a manufacturer to branding, communications and PR. J A Kemp will be represented at the event by partner, Aaron Newell, who will be delivering the talk “The First Few Years: Protecting a Beverage Brand for Growth”

Timing and Good faith intent filing requirements. The TikTok creator, Jools Lebron, who is said to have popularised the expression “Very demure” does not find it “very cutesy” that a third party has filed to register the trade mark VERY DEMURE before the USPTO. J A Kemp's Head of Trade Marks and Designs Group James Fish comments: In the world of trade marks, the timing of an application is important but so too is the good faith intent of an Applicant. We are regularly contacted by prospective clients who find that, tick tock, time has slipped by and a third party has filed their known trade mark first. What to do in these circumstances? Bring in the professionals. We will examine the background facts, investigate the third party and scrutinise their good faith intent when filing the application. If the Applicant’s motives are bad we have an array of instruments to reset the clock and recover your valuable intellectual property.

If the EPO considers that a patent application lacks unity (i.e., that the claims are considered to relate to more than one invention), then the EPO may in the first instance issue a partial search report. On 17 September 2024, Lucy Barnes and Kapil Tuladhar will present a webinar which will discuss the EPO's general approach to unity, and the options available if a disunity objection is raised by the EPO. They will also consider practical and strategic considerations, including best practices to avoid a disunity objection, and to ensure that the most important subject matter is searched by the EPO. https://lnkd.in/edu-xFhG

On Monday 12 August, many of us were sweltering on what was the UK’s hottest day so far in 2024, reaching a high of 34.8ºC in Cambridge. As our climate changes, we can expect more extremes of temperature and more heatwaves in the UK, and it is clear that significant investment in housing will be needed to mitigate the effects on the population. Passive cooling solutions may provide an important contribution that reduces the need for power-hungry air conditioning. Read more in our new insight written by J A Kemp Associate, Richard Morris.

The transparency requirements of the EU Clinical Trials Regulation present a complex intellectual property challenge requiring a nuanced approach to patent protection of clinical trial-related inventions. In collaboration with DLRC Regulatory Consultancy, we’ve developed a whitepaper outlining key patent filing considerations. Authored by Karen Ng, and James Biddlecombe (Business Transformation & CTR Lead at DLRC Regulatory Consultancy), this paper emphasises the importance of early and ongoing collaboration between legal and regulatory teams throughout the life cycle of clinical trials to optimise patent filing opportunities. Read more and download the whitepaper here: https://lnkd.in/e83Bs-nm

The transparency requirements of the EU Clinical Trials Regulation present a complex intellectual property challenge requiring a nuanced approach to patent protection of clinical trial-related inventions. In collaboration with DLRC Regulatory Consultancy, we’ve developed a whitepaper outlining key patent filing considerations. Authored by Karen Ng, and James Biddlecombe (Business Transformation & CTR Lead at DLRC Regulatory Consultancy), this paper emphasises the importance of early and ongoing collaboration between legal and regulatory teams throughout the life cycle of clinical trials to optimise patent filing opportunities. Read more and download the whitepaper here: https://lnkd.in/e5CtWkEZ

In a decision in case UPC_CoA_79/2024, the UPC’s Court of Appeal upheld the decision of the Court of First Instance (Paris Central Division) that an opt out of a patent from the jurisdiction of the UPC that had been lodged by one of the patent owners was invalid. As such, the revocation action filed against the patent at the UPC was able to proceed notwithstanding the opt out. The decision provides a reminder of the importance of providing accurate details in opt outs before the UPC, in particular regarding the details of the true owner(s) for each designated state of a European patent or application.