Registered Community Designs: reasons for refusal

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April 19, 2012
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Building a Resilient Quantum Patent Portfolio: Winning the Race to File First

The OHIM has begun publishing information about Registered Community Design applications that have been refused.

The designs themselves are not shown, but the grounds for refusal are now being made available. Darren Smyth relates the news in his latest IPKat post.

Recent Case Reports

Revocation of an independent claim does not automatically affect the validity of unchallenged independent claims
21 April 2026
In Emporia v Seoul Viosys, the UPC Central Division confirmed that the revocation of an independent claim does not automatically affect the validity of unchallenged claims. The decision underscores the importance of challenging all relevant claims where full patent revocation is sought.
Seriously deficient disclosure process not sufficient to reopen costs order - Cabo v MGA
08 April 2026
A High Court decision highlighting the consequences of inadequate disclosure searches under PD57AD and reaffirming that costs orders are final, even where later failures come to light.
UPC Court of appeal issues final decision, despite no finding on infringement at first instance
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In Rematec v Europe Forestry, the UPC Court of Appeal overturned the Mannheim Local Division’s revocation of the patent and, applying Article 75(1) UPCA, issued a final decision on both validity and infringement despite no infringement finding at first instance. The Court adopted a narrower, description‑led approach to claim interpretation, confirmed the patent’s validity, found infringement, and granted final remedies without referring the case back to the Court of First Instance.