The Court of Appeal for the Federal Circuit’s (CAFC) recent decision In Re Hu 19-2104 involved consideration of whether patent applications that violated currently established laws of physics were sufficiently enabled and whether the onus of establishing their unpatentability had been discharged.
Invalidity Decision Against Lego’s Building Blocks Held to Not Stack Up
In Lego AS v EUIPO T-515/19 the General Court upheld Lego’s appeal, finding that the EUIPO Boards of Appeal erred in considering whether Lego’s design application relating to a toy building block is invalid.
In Swatch AG v Apple Inc 2021 EWHC 719 a UK Judge has held that the Hearings Officer was wrong to find that Swatch’s trade mark application for a phrase used by Apple was made in bad faith on account of its potential parodic use.
As part of efforts to reduce the hearings backlog for both patents and trade marks, from 1st April 2021 until 30th September 2021 IPONZ will trial a system that aims to utilize spaces for hearings that become available at short notice.