IPKat: Latest posts by Darren Smyth

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February 13, 2012
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Elements

Partner Darren Smyth has made his second and third posts since joining the IPKat as a guest blogger.

What is obvious - the route or the destination? is about the approach taken by patent offices to the analysis of inventive step in the case of a product claim defined structurally.

No self-incrimination privilege for phone hacking relates to proceedings in the Leveson Inquiry into phone hacking at the News of the World.



Recent Case Reports

Scripps mRNA reengineering patent found invalid and not infringed by Comirnaty
08 September 2026
The Local Division Munich invalidated Promosome's licensed mRNA patent over Scripps' codon-optimisation method, then found BioNTech's Comirnaty vaccine would not have infringed the claims even had they been valid.
Fujifilm v Kodak: clarifying the defence of dependent claims and inventive-step combinations at the UPC
27 August 2026
The Court of Appeal gave guidance on defending dependent claims, relying on EPO central limitation during UPC proceedings, and pleading revocation attacks. It also emphasised that inventive-step combinations require a proper pointer to the secondary reference.
Can Reference Numerals Influence Claim Interpretation?
21 August 2026
In T 0903/24, the EPO Board of Appeal relied on reference numerals to interpret disputed claim language, rejecting the patentee's narrower reading and revoking novelty over prior art D2 for the main request.