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Patent sectors ( 5 Result s)
Materials science
Chemistry
Physics + Engineering
Electronics + IT
About us ( 1 Result )
About Us
Leader in biotech, medical devices and pharmaceuticals patent work acting for many of the most prestigious names in those fields, Also highly esteemed for electronics,engineering and trade mark matters. (Chambers)
Services ( 25 Result s)
Patents
Patents are the core of our business and our team of patent professionals includes recognised specialists with a proven track record in all aspects of patent work who are dedicated to delivering exceptional services tailored to your needs, whether you are a small business or a large enterprise.
Trade Marks
At Elkington + Fife, you will find a dedicated team of trade mark professionals who are recognised experts in their field and who will construct their advice with your business needs in mind. The team is headed by Chris McLeod, a former president of the Institute of Trade Mark Attorneys, who has been recognised as "a quick study on even the most complex matters" by WTR 1000.
Designs
As we have specialists in design protection, you can rest assured in the knowledge that at Elkington and Fife, we will find the most appropriate and comprehensive protection for your aesthetic creations and technical designs.
SPCs
The critical importance of SPCs to extend protection for pharmaceutical and other products demands expert advice. At Elkington + Fife, you will find industry experts who are recognised as leading authorities on all aspects of SPC advice.
Other IP services
Although patents and trademarks are the core of our business, our expertise does not stop there. We provide advice and guidance on all aspects of intellectual property, including plant variety rights, copyright and domain name registration and dispute resolution.
Drafting
When drafting a patent, you need a patent attorney who understands your invention from a technical perspective, who understands the business behind your invention and who can translate these insights into a strong patent application that provides your business with solid protection for your innovation.
Filing and Prosecution
Whether you need to protect your innovation in a single country or coordinate a global patent portfolio, to achieve the level of international protection you want, you need a team in your corner that has an established track record of filing and prosecuting patent applications all over the world.
Oppositions and Appeals
Within our practice, we have carved out a niche expertise in EPO opposition and appeal work.
Infringement and validity opinions
Sometimes patents have to be enforced. In some industries this is rare, in others it is a day-to-day reality.
Freedom-to-Operate Opinions
Freedom-to-operate is an analysis undertaken to answer the question, "can I put this product or process on the market?" in a given country.
Due Diligence
Due diligence is an investigation of a business prior to a transaction. In the field of IP, we typically need to assess a company's IP portfolio and/or product(s).
Searches
When you are registering a new trade mark you need to make sure that mark will not infringe an existing mark or be in breach of the rights of a trade mark on an unregistered basis.
Filing and Registration
We will use all of our experience to make sure there are no potentially costly gaps in the way your marks are protected.
Opposition and Cancellation Proceedings
Our trade mark team have a wealth of experience in handling disputes and, when appropriate, negotiating an acceptable settlement.
Disputes
If a dispute arises, it's our job to resolve it as quickly as possible.
Portfolio Maintenance and Review
Trade mark registration can be expensive, particularly if you use a range of trade marks in combination.
Domain Name Registration
In obtaining a website for a new product or service, you need to decide whether you want to register the domain name for that website and if you do, which URLs you would like to obtain.
Domain Name Disputes
If a third party registers your domain name before you, rectifying the situation can be an expensive process.
Services
We offer our clients a wide range of services, most of which fall within the following categories:
Design Filing and Prosecution
We are highly experienced in both filing and prosecuting registered design applications in the UK, within the European Community and in other overseas territories.
Domains
Plant variety rights
These very specific types of rights are most commonly referred to as "plant variety rights" or "plant breeders' rights".
Passing off
Passing off can be extremely detrimental to the reputation of your business and can destroy the goodwill you have built up within your client portfolio.
Copyright
Copyright automatically arises on creation of an original work. In the UK there is no official registration system for copyright works. To qualify as an original work, it must have been created through your own skill, judgment and individual effort and must not have been copied from other works.
Portfolio Management
People ( 53 Result s)
Meet our team
Emma Pratt
Emma is a UK and European patent attorney in our electronics and mechanical group.
Nick Ertl
Nick has 20 years experience in the drafting of patent applications and their prosecution around the world, especially before the EPO.
Richard Gillard
Richard has 20 years of experience in the full range of patent services, including drafting, prosecution, opposition and opinion work.
Rob O'Callaghan
Recommended in the Legal 500, Rob is known for his "wonderful advice and understanding".
James Anderson
James has experience across all aspects of patent practice. A large proportion of his time is spent working on high value European patents.
Oliver Kingsbury
A qualified European and UK Patent Attorney since 2002, Oliver has experience in providing a broad range of IP support.
Richard Cooke
Richard joined E + F in October 2005 and qualified as a Chartered Patent Attorney in 2008 and a European Patent Attorney in 2010.
Chris McLeod
Chris McLeod is a Chartered trade mark attorney with over 35 years' experience in the field of trade marks, designs and copyright.
Zainab Rhyman-Adam
Zainab read law at the University of Bristol (LLB, 2021) before qualifying as a CITMA paralegal (2022).
Alison Daniels
Alison's work relates to a wide range of chemistry inventions including inks, medical devices and materials.
Allister McManus
Allister is a Chartered Trade Mark Attorney and an authorised representative at the UKIPO.
Daniel Portch
Daniel's specialities include computing, computer programs, communications technology and electronic engineering.
Nickeal Sidhu
Nickeal studied Natural Sciences at Gonville and Caius College, Cambridge, graduating with a BA honours degree in 2021.
Samantha Busher
Samantha handles a full range of patent work, ranging from prosecuting applications, handling opposition and appeal work.
Erik Scheuermann
Erik has been practising intellectual property since 2003. Before joining the profession he studied Chemistry in Germany, France and the UK.
Lee Mullen
Lee prosecutes patent applications for a wide range of clients before the EPO and UK Patent Office, handling a diverse range of subject-matter.
Mark Scott
Mark is an experienced and versatile attorney specialising in proceedings before the EPO and the UKIPO.
Paul Brookes
Paul enjoys working on a broad range of chemical subject-matter. Specialising in synthetic chemistry and pharmaceuticals.
Ellie Seymour
Ellie joined E+F in 2013 and has experience in a variety of patent work including prosecution, drafting and oppositions.
William Bouette
Will studied Mechanical Engineering (Meng) at the University of Bristol, where he graduated with a 1st Class Honours Degree.
Ella Blanquet
Ella is a European patent attorney in our Chemistry group, with a particular focus on inorganic chemistry and material sciences.
Zachary Jelley
Zachary's day-to-day practice focuses on the drafting and prosecution of electronic and computer-implemented inventions.
Neil Fenwick
Neil spends the majority of his time drafting and prosecuting new patent applications.
Jens Grabenstein
Jens is passionate about helping biotechnology companies build strong patent portfolios.
Conor Pey
Conor is a UK and European patent attorney in our electronics and mechanical group, with a particular focus on artificial intelligence.
Jessica Tedd
Jessica studied Physics at the University of Oxford and graduated with a 1st Class honours MPhys in 2023.
Andy Nicoll
Andy specialises in pharmaceuticals and nutrition. He has experience prosecuting patent applications in many major jurisdictions.
Glyn Truscott
Glyn's practice spans a wide range of biotechnology subject-matter, from combination immunotherapies to PCR-based diagnostic assays.
Daniel Wright
Daniel studied Physics at King's College London and graduated with a first class MSci honours degree.
Matthew Hendey
Matthew has spent over a decade working in top-tier IP law firms and joined E+F as Records Manager in 2019.
Max Freebairn
Max studied Chemistry at the University of Durham, obtaining his BSc before continuing to pursue an MRes in Synthetic and Organic Chemistry.
Isabel Beech
Since joining Elkington and Fife in 2020, Isabel has gained experience in prosecuting patent applications.
Richard Scott
Richard's practice spans the full patent lifecycle, from patent drafting and prosecution to freedom-to-practice and EPO opposition work.
Laura Garlick
Laura is a UK and European patent attorney in our electronics and mechanical group.
Elizabeth King
Liz joined E+F in 2015, becoming HR Manager in 2018. She is responsible for all aspects of HR and running the monthy payroll.
Henrietta Rooney
Henrietta specialises in the life sciences, with particular expertise in biotherapeutics. Henrietta joined Elkington and Fife in 2016.
Sally Kennedy
Sally specialises in the chemical field, with a particular focus on pharmaceuticals.
Oliver Moseley
Oliver obtained a PhD in Physics from the University of Cambridge, following a Chemistry degree from the University of Bath.
Nikita Shetty
Nikita is a Fellow at ACCA with over 10 years of financial accounting experience gained in various sectors in the UK and internationally.
Rebecca Southwart
Rebecca studied Chemistry at the University of Oxford and graduated with an MChem in 2022.
James Easton
James studied Chemistry at the University of Southampton where he obtained his MChem degree, before continuing on to study for his PhD.
Leanne Anderson
Leanne specialises in the chemical field, with a particular focus on pharmaceutical patent applications.
Letitia Harris
Letitia studied Medical Sciences at the University of Leeds (BSc Honours) and Translational Cancer Medicine at King's College London.
Asher Winter
Asher studied Chemistry at the University of Oxford (MChem), graduating with a 1st Class Honours Degree in 2021.
Catherine Dabrowska
Catherine studied Human Biology at the University of Birmingham (First Class Honours MSci) before moving to the University of Cambridge for her PhD.
Paul Waldron
Paul is a European and UK Patent Attorney specialising in the Life Sciences.
Wayne Williams
Wayne joined E+F in 2022 from one of the top design and build companies in the UK.
Henry Hinder
Before joining Elkington + Fife, Henry graduated from the University of Warwick with a BSc in Physics.
Lewis Smith
Lewis studied MSci Chemistry with industrial experience at the University of Bristol (first class honours, 2017).
James Nunn
James studied Physics at the University of Warwick (MPhys 1st Class, 2019).
Harriet Oliver
Harriet studied Biological Sciences at Imperial College London (BSc Honours, First Class) before obtaining her PhD in Neuroscience.
Annie Sahota
Annie holds a PhD in Bionanotechnology and an MRes in Chemical Biology (Distinction) from Imperial College London.
UPC ( 5 Result s)
UPC
An Overview of the UPC
27 February 2023
The UPC is a new, international court for patent litigation in Europe. The court began operating as of 1 June 2023. Together with the European Patent with Unitary effect (the unitary patent or UP), this is the biggest change to the European patent landscape for over 40 years.
Introducing the Unitary Patent
27 February 2023
From 1 June 2023, the UP offers an additional way for patentees to obtain patent protection in Europe via the EPO. The UP will make it possible to obtain coverage for multiple EU countries with a single patent right.
The UPC - opting out
27 February 2023
A guide to opting out of the UPC's jurisdiction
EPO opposition vs UPC revocation
27 February 2023
A comparison of EPO opposition proceedings and UPC revocations actions
Case Studies ( 10 Result s)
We are proud to share the case studies below, which are just some examples of the quality of work we endeavour to deliver for our clients.
A world-leading nutrition, health and wellness company
27 November 2015
If this client is to continue to enjoy the freedom required to develop and improve their clinical nutrition products, they will need us to continue to file oppositions against granted patents.
A wholly owned subsidiary of one of the world's largest pharmaceutical companies
27 November 2015
One of our client's leading products is an approved drug for glaucoma/ocular hypertension
A global pharmaceutical company (1)
14 January 2016
Our client was looking to market two new generic medicines for Parkinson's disease and cancer, respectively.
One of the world's largest providers of consumer products
15 March 2016
We have many years of experience handling European patent oppositions for this client's range of personal care products.
One of the world's largest electronics companies (1)
15 January 2016
Our selection hinged on the fact that our client acknowledged we have established ourselves as the provider of choice for inventions that involve a specific new ultrasound imaging technology.
One of the world's largest electronics companies (2)
15 January 2016
This client is the embodiment of a household name employing around 122,000 people in more than 60 countries.
A manufacturer of self-balancing powered unicycles
15 January 2016
While unicycles obviously aren't a mainstay of our practice, this example shows we always put our clients' needs first whether those clients are an instantly recognisable multinational or a new business venture.
A world-leading information technology company
15 January 2016
This is one example of our peerless expertise in the ever-growing area of computer-implemented inventions, and our ability to provide solutions that can make a genuine difference to the protection of key innovations.
A global pharmaceutical company (2)
14 January 2016
We were asked to represent our client in petition for review proceedings in front of the enlarged Board of Appeal at the EPO.
News & Views ( 89 Result s)
News & Views
Triple Bonus trade mark
03 March 2016
The General Court of the EU has upheld a decision of OHIM's Second Board of Appeal to refuse registration of the stylised mark for Triple Bonus on absolute grounds.
EPO approach to standards-related documents as prior art
24 February 2016
For innovators, there are clear attractions to owning a patent that covers normative (mandatory) features of a technical standard. Such a "standard-essential patent" can be a goldmine of licensing revenue if the standard enjoys widespread adoption. It is often less clear what counts as prior art for such patents.
Counterfeits in the EU
02 March 2016
Reforms to the EU trademark system include amendments to the provisions on detaining goods in transit. While these changes seem positive at first sight, they may be open to interpretation.
Software patents in the UK
02 March 2016
Maximising your chances to obtain a GB patent for your software invention may involve avoiding using the UK Intellectual Property Office (UKIPO) and go for the more expensive European route instead. Rob Zijlstra explains.
Vita Verde Appeal
03 March 2016
The General Court of the EU has upheld a decision of OHIM's Second Board of Appeal to refuse registration of the mark VITA+VERDE.
UPC Impletmentation
04 April 2016
The government clears another hurdle towards the implementation of the UPC by passing The Patents (European Patent with Unitary Effect and Unified Patents Court) Order 2016.
That'll be 2,750 sovs please guv'nor
08 March 2016
In an off piste decision, the UK Intellectual Property Office (IPO) has upheld an opposition by The Commonwealth Mint & Philatelic Bureau Limited (CMB) to an application by The Royal Mint Limited (RM) to register the word mark SOVEREIGN for "gold commemorative coins".
Patents, Designs, and Brexit
02 June 2016
In this article, we discuss what will change and - importantly - what will not, if the UK votes to leave the EU.
On the brink of change? What a 'Brexit' could mean for trademark practitioners
11 April 2016
The latest World Trademark Review (WTR) podcast looks at the significant impact that a vote for the UK to leave the European Union would have on national and international trade mark practitioners. To find out what changes could be in store, and what preparations counsel can make now, WTR spoke with Chris McLeod, a partner at Elkington and Fife in London and the current president of the UK's Institute of Trade Mark Attorneys (ITMA).
Bad Hair Day
30 March 2016
In a decision dated 21 March 2016, the UK Intellectual Property Office has invalidated a registration of LONDON HAIR FASHION WEEK (stylised) owned by Tatiana Hair Extensions Ltd covering services relating to competitions, ceremonies and the like in class 41.
Drum roll, please: PANDEMONIUM DRUMMERS trade mark opposition decision
04 April 2016
In decision O-144-16, the UK Intellectual Property Office has upheld an opposition by The Pandemonium Drummers Association to an application by Andrew Johnson for the trade mark mark PANDEMONIUM DRUMMERS for entertainment services in class 41.
Outstanding Examination Results
03 July 2018
Three patent attorneys from E+F have this year passed the European Qualifying Examination (EQE) at the first attempt.
Decision in TRAVATAN® appeal relaxes rules on disclaimers
26 April 2016
In this recent hearing at the EPO, the Board of Appeal allowed the use of a so-called "undisclosed disclaimer" to overcome the patentee's own colliding prior art, in a way that had previously not been permitted.
UK votes to leave the European Union
24 June 2016
The United Kingdom has voted to leave the European Union. But the impact on IP will be delayed for several years. Let us guide you through the uncertainty.
More generous refund of examination fees at the EPO
01 July 2016
The EPO is relaxing its rules regarding the refund of examination fees, to allow applicants to claim bigger refunds at a later stage in the proceedings.
The Nobel Prize in Chemistry 2016
05 October 2016
The Nobel Prize in Chemistry 2016
BBC Radio 1 - Music By Numbers: Little Mix
11 October 2016
Chris McLeod, a partner in our trade marks team, recently appeared on Radio 1's Music By Numbers, discussing the trade mark issues surrounding Little Mix's original choice of name, Rhythmix.
Board of Appeal at the EPO
18 December 2018
The decision that plants that are the product of an essentially biological process are patentable may provide some respite for Europe's Agrtitech industry, which already faces some of the most stringent regulation in the world on GMOs and gene-edited plants.
China drives growth in worldwide patent filings in 2015
25 November 2016
According to a recently published report by the World Intellectual Property Organization (WIPO), the overall number of patent applications filed worldwide grew by 7.8% in 2015.
UK announces intention to proceed with the Unified Patent Court Agreement
29 November 2016
The UK government yesterday announced that its preparations for ratification of the Unified Patent Court Agreement are to proceed.
G1/15
30 November 2016
G1/15 - The Enlarged Board of Appeal's Answer
Rule changes at the UK IPO
23 February 2017
Following a public consultation, two sets of changes are being implemented to the Patent Rules 2007, effective 1st October 2016 and 6th April 2017.
Protecting Cell Therapies in Europe
04 January 2017
Glyn Truscott, a partner in our Life Sciences team, recently wrote an article for Life Sciences IP Review.
Obituary
10 January 2017
With deep sadness, we announce the passing of our friend and colleague Fahim Ahmed.
Elkington + Fife recognised with several awards
08 March 2017
Our patent and trade mark practices have recently featured in three of the most important guides to patent and trade mark practitioners.
EPO Annual Report 2016
13 March 2017
The EPO's Annual Report for 2016 shows that two of the top three filers are E+F clients.
EPO STAY OF PROCEEDINGS IN BIOTECH CASES
15 March 2017
Following a Notice of the European Commission related to certain parts of the EU Biotech Directive (98/44/EC), the EPO has decided to stay all examination and opposition proceedings in which the invention is a plant or animal obtained by an essentially biological process.
EPO CHANGES RULES AND LIFTS STAY IN BIOTECH CASES
11 July 2017
EPO changes rules and lifts stay of proceedings in Biotech cases.
NEW APPROACH TO CLAIM INTERPRETATION IN THE UK
13 July 2017
In one of the most important judgments from the UK courts for many years, the Supreme Court has fundamentally changed how the scope of protection conferred by a patent is assessed in the UK.
Good news for UK designs
27 March 2018
The UK's ratification of the Hague Agreement on 13 March 2018 means that it will soon be possible to obtain UK design protection by an additional route.
The benefits of filing a patent application in the UK
17 July 2017
The recent proposed changes to statutory patents fees serve to highlight how cost-effective it is to file a patent application in the UK.
EU position on IP rights post-Brexit
17 October 2017
In a welcome attempt to reduce uncertainty, the European Commission has published a position paper on how IP rights should be treated following Brexit.
Elkington + Fife recommended by The Legal 500
25 October 2017
Elkington + Fife has again been recognised as a Leading Firm in the 2017 edition of The Legal 500 (UK).
WTR1000 Guide for 2018
09 February 2018
E+F are very pleased to announce that Chris McLeod has been ranked in the top tier of UK trade mark practitioners in the WTR1000 guide for 2018.
EPO consulting on appeal-procedure rule-changes
19 February 2018
The EPO has announced a period of consultation regarding proposed revision of the Rules of Procedure of the Boards of Appeal (RPBA). The proposed revisions are part of the EPO's attempt to improve the efficiency and predictability of appeal proceedings.
Construction and Sufficiency in the Court of Appeal
25 April 2018
In Regeneron v Kymab ([2018] EWCA Civ 671), the Court of Appeal recently provided a detailed analysis of the assessment of sufficiency of disclosure in a complex biotech case.
SPC Update: AG Opinion in Teva v Gilead (C-121/17)
26 April 2018
Advocate General of CJEU suggests precision needed for a patent to protect a product.
Moonlight Walk 2018
12 June 2018
A team from E+F (and friends) completed the "Moonlight Walk" for charity, in Sevenoaks on 9 June.
Board of Appeal at the EPO2019
05 March 2019
In an update to our previous note on the patentability of plants that are the product of an essentially biological process, the written decision of Board of Appeal 3.3.04 in T1063/18 is now available. This decision confirms that plants that are the product of an essentially biological process remain patentable at the European Patent Office, but the decision also reaches further than this.
Third Party SPCs: referral to CJEU in Lilly v Genentech
06 March 2019
The issue of so-called "Third Party SPCs" has vexed European biotech and pharma for some time: is it right that a Patentee can obtain a Supplementary Protection Certificate ("SPC") on a product for which the Marketing Authorisation ("MA") issued to an unrelated entity - typically a competitor?
New Partner: Mark Scott
13 May 2019
E+F are pleased to announce that Mark Scott has joined the partnership.
Case Report: Decision O-184-19: It's a wrap! UK IPO finds no likelihood of confusion between AniWrap and ACTI-WRAP (8 April 2019)
16 July 2019
The UK Intellectual Property Office (UK IPO) has held that there is no likelihood of confusion between the marks AniWrap and ACTI-WRAP, despite considering the respective goods to be identical. This decision is notable for the Hearing Officer's (HO) assessment of the respective goods, which is a reminder that medical goods aimed at different fields may still be considered identical.
Case Report: Shanks v Unilever Plc and others
24 October 2019
The Supreme Court has handed down its judgment for this case.
OUTSTANDING EXAMINATION RESULTS
08 November 2019
Two part-qualified patent attorneys from E+F have been awarded prizes by the Queen Mary Intellectual Property Research Institute for their recent exam results.
EPO Boards of Appeal: Appeal fee set to increase, with new refund options
02 March 2020
In a move which may be intended to help to reduce the backlog of undecided appeals, the European Patent Office (EPO) has decided to significantly increase the appeal fee, whilst introducing new options for claiming a partial refund.
COVID-19 notice
14 August 2020
At this challenging time, the staff and partners at E+F send well-wishes to all of our clients, our colleagues at other IP firms, and their families.
G 1/19 Patentability of computer simulations in Europe
15 March 2021
On March 10th, the Enlarged Board of Appeal at the EPO published its long-awaited decision on questions relating to the patentability of computer-implemented simulations.
Celebrating EQE Results
24 June 2021
The results of the European Qualifying Examination 2021 were recently released to candidates, giving E+F good cause for celebration.
Decision G 4/19 of the Enlarged Board of Appeal on the Prohibition of Double Patenting
30 June 2021
The Enlarged Board of Appeal of the European Patent Office recently issued decision G 4/19, which addresses the application of the EPC with regards to double patenting.
Partnership announcement: E+F appoints two new partners
01 July 2021
We are delighted to announce the appointment of two new partners, Jens Grabenstein and Ellie Seymour.
Enlarged Board of Appeal hears parties' verbal arguments on whether oral proceedings by videoconference are compatible with the right to oral proceedings under Article 116 EPC
05 July 2021
Legal 500 PATMA rankings
07 October 2021
E+F is proud to have been recognised again in the 2022 edition of The Legal 500's PATMA rankings.
Recent referrals to the EPO's Enlarged Board of Appeal
03 February 2022
Recent referrals to the EPO's Enlarged Board of Appeal in G 2/21 and in G 1/22 & G 2/22 promise to make 2022 an interesting year for EPO practitioners.
03 March 2022
The EPO Guidelines for Examination are updated annually to take into account amendments to the EPC's Implementing Regulations and decisions of the Board of Appeal and Enlarged Board of Appeal, and to reflect current practice at the EPO.
Oral proceedings by videoconference before the EPO's boards of appeal
08 March 2022
Oral proceedings by videoconference before the EPO's boards of appeal is compatible with the EPC even if not all parties have given their consent, but only during a general emergency impairing the parties' possibilities to attend in-person oral proceedings.
19 April 2022
The long-anticipated Unitary Patent (UP) is likely to become available in June 2023, alongside the opening of the Unified Patent Court (UPC).
13 May 2022
We are thrilled to congratulate two of our technical assistants, Jemma Brown and Ella Blanquet, who have been awarded for academic excellence during the 2021/2022 Postgraduate Certificate of IP Law course.
Overview of the UPC
19 April 2022
The UPC is a new, international court for patent litigation in Europe. The court is set to begin operating in 2023, as long as there are not further delays.
04 August 2022
Which route is best for you?
09 August 2022
We are delighted to announce that Laura Nend has been awarded the Professional Certificate in Trade Mark Practice, with distinction. Laura is now a fully qualified UK Trade Mark Attorney. Congratulations Laura!
EPO announces top-up searches for earlier national rights
02 September 2022
EPO announces top-up searches for earlier national rights, ready for the launch of the Unitary Patent
07 September 2022
When the Unified Patent Court Agreement (UPCA) enters into force, patents granted by the EPO will " by default " be subject to both the jurisdiction of the Unified Patents Court (UPC) and the relevant national courts.
Montenegro joins the EPC
04 October 2022
Montenegro will become the 39th member state of the EPO after having ratified the EPC and deposited its instrument of accession this July. The accession took effect on 1 October 2022 and has been described by the EPO as a "landmark occasion".
Entry into force of new Rule 56a for correcting erroneously filed documents
31 October 2022
New Rule 56a EPC will enter into force on 1 November 2022, aligning the EPC with Rule 20.5bis PCT. This new rule allows the correction of erroneously filed application documents or elements (i.e. part of the description or drawings) in EPC procedures for applications filed on or after that date.
EPO announces exemption of Czech Republic from Rule 141(1) EPC
05 October 2022
In a recent decision by the EPO, applicants claiming the priority of a first filing made in the Czech Republic will be exempt from filing a copy of the search results for the previous application under Rule 141(1) EPC. This ruling enters into force on 3 October 2022, and will apply to any applications to which an invitation to file the search report has not yet been despatched under Rule 70b(1).
UPC Transitional Measures
09 December 2022
The Unified Patent Court Agreement (UPCA) is currently set to come into force on 1 June 2023. In preparation, the EPO's transitional measures for supporting early uptake of the Unitary Patent will start on 1 January 2023.
E+F ranked in 2023 WTR 1000
08 February 2023
E+F ranked in 2023 WTR 1000 - The World's Leading Trademark Professionals
Germany completes ratification of the Agreement on a Unified Patent Court
27 February 2023
Germany completes ratification of the Agreement on a Unified Patent Court (UPCA), triggering the start of the sunrise period.
G2/21: Post-filed data and the end of 'plausibility'
24 March 2023
The EPO's Enlarged Board of Appeal has released its long-waited decision in G2/21 "Plausibility", as announced in a press release yesterday. The decision deals with the issue when post-filing evidence is accepted by the EPO to support a technical effect upon which a patentee relies for inventive step. The Enlarged Board was asked to consider, among other questions, whether such a technical effect must have been considered plausible at the filing date. Apart from discouraging use of the term 'plausibility' itself, the decision gives little reason to expect a significant change in approach to the acceptance of post-filing evidence.
Invalidity at the UPC
02 December 2024
The Unified Patent Court (UPC) burst to life on 1 June 2023 with a flurry of first-day actions relating to new Unitary Patents (UPs).
EPO Guidelines for Examination 2023
02 March 2023
1 March 2023 was an important day for patents in Europe. It marked the dawn of the sunrise period preceding the long-awaited entry into force of the Unified Patent Court Agreement (UPCA). During this period, European patents can be opted out of the Unified Patent Court's (UPC) jurisdiction (as discussed in our recent articles on this topic).
The UPC - How much will a UP cost?
09 March 2023
As of 1 June 2023, the Unitary Patent (UP) system will come into effect. As a result, rather than granted European patents having to be individually validated and maintained in each country, patent proprietors will be able to request a single UP.
Partnership announcement - E+F appoints four new partners
03 May 2023
Partnership announcement - E+F appoints four new partners.
EC Proposal for new EU Medicines Regulation
05 May 2023
EU proposes wide-ranging changes to pharmaceutical exclusivities.
Celebrating pre-EQE Results
19 May 2023
Congratulations to Leanne Anderson, Chris Hall and Alex Siddle for passing the EQE pre-examination. We wish them luck with their final exams next year!
Meet our new Chartered UK Patent Attorney
25 May 2023
Meet our new Chartered UK Patent Attorney - Emma Pratt
In search for harmony - the EC's proposals for centralised SPC examination and unitary SPCs
09 June 2023
The European Commission recently published a series of legal proposals that could reshape the European Union's (EU's) pharmaceutical market for years to come.
Structure and Jurisdiction of the Unified Patent Court
16 June 2023
The Unified Patent Court (UPC) includes a Court of First Instance and a Court of Appeal. Patent Mediation and Arbitration Centres are also expected, for supporting and fostering amicable settlements for any disputes.
Final call for the "10-day rule"
20 June 2023
The additional 10-day postal period for responding to many EPO communications will be abolished from 1 November 2023. We summarise how the abolition of the "10-day rule" could affect you.
Accelerated EPO oppositions without risking infringement
07 December 2023
The European Patent Office (EPO) has announced that it will accelerate opposition proceedings when parallel revocation proceedings are initiated in a member state. This appears to offer opponents a mechanism to accelerate opposition proceedings at relatively low cost and without risking infringement.
Signatures in Assignments
14 December 2023
In J 5/23, the European Patent Office's (EPO's) Legal Board of Appeal decided that the term "signature" in Article 72 EPC must be understood as referring to a handwritten depiction of someone's name.
JUVE Patent UK Ranking 2024
03 January 2024
Elkington + Fife is delighted to be recommended in the JUVE Patent UK Ranking 2024. The firm is singled out for expertise in Pharma and biotechnology, Chemistry, and Electronics.
World Trademark Review Rankings 2024
09 February 2024
Congratulations to Chris McLeod and Allister McManus for the excellent write up in World Trademark Review. Chris is one of 29 individuals ranked in the gold category for prosecution and strategy. E+F received a bronze ranking.
SPC law update
13 February 2024
French Supreme Court confirms that an antibody product is "specifically identifiable" by its antigen-binding property
Signatures in Assignments
08 April 2024
The President of the EPO has issued a decision (OJ EPO 2024, A17) which relaxes the requirements regarding signatures on contracts and declarations related to transfers of rights and licences when registering these at the EPO.
Planting the seeds for a doctrine of equivalents at the UPC
06 December 2024
A recent decision from the Hague Local Division (HLD) invoked a doctrine of equivalents based on the Dutch test. We review this decision and discuss its relevance for infringement actions before the UPC.
E+F to attend IAM Live Summit
04 February 2025
We are pleased to announce that Elkington + Fife will be sponsoring the IAM Live: AI and Emerging Tech IP Summit, which takes place on 26 February 2025 at The Westin London City, UK.
Same case, different outcomes: exploring the application of G 2/21 by different Boards of Appeal
12 February 2025
In a fascinating development of post-G 2/21 case law, decisions T0314/20 and T1525/19 reach opposite conclusions on near-identical subject-matter when considering whether post-published data can be used to support a technical effect.
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