EPO is becoming stricter and stricter about added subject-matter

Many recent sentences of the EPO broad of appeal (i.e.: T 2242/ 13) show that the European Patent Office is becoming stricter and stricter about added subject-matter (Art. 123(2) EPC). Therefore, it is always more difficult to extract features from the description to add them to the claims during the substantial examination.
For example it is not possible to generalize a concept or a feature which is expressed in an embodiment of the description, even if the generalization is obvious to the skilled man, it is a so called intermediate generalization. It is also not possible to connect features taken from different embodiments of the description.
To avoid objection based on Art. 123(2) EPC we always suggest to:
• always express any specific feature before in a general way, and then specify the preferred embodiment,
• never express two or more future in the same sentence: each feature a separate sentence,
• always try to connect different embodiments each other, specifying that the specific features of a specific embodiment may be used in the other embodiments.

EUIPO removes the requirement of graphic representability of trademarks

The European Union Intellectual Property Office abolished, since October 1, 2017, the requirement of graphic representability of the Trademarks. Before that date, in fact, a trademark, to be valid, had to be graphically representable. This requirement gave several problems to trademarks such as sound trademark, movement trademark, olfactory trademark and others. Famous cases (not all before EUIPO) are the trademark of Metro-Goldwyn- Mayer consisting of a “lion’s roar” (the famous roar at the beginning of the movies) refused because it was not sufficiently described: according to the examiner there where different lion roars and it was not clear which roar was protected. Now thanks to new formats and reproduction options is much easier to obtain protection
for sound marks, three-dimensional and multimedia. Indeed, in addition to jpg files previously supported, it is now possible to use 3D objects formats (OBJ, STL, X3D) video formats (MP4) and audio formats (MP3). The EUIPO provides the table below.

Strengthen cooperation between LM and Chinese patent offices

Lunati & Mazzoni has just strengthen the cooperation with Chinese patent offices.

A close cooperation with Chinese patent offices is now essential if you want to provide a good service for Italian and European Companies.