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Simple technical modifications can constitute an inventive step

Simple technical modifications can constitute an inventive step

This article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013...

Dolby v. Lava: security deposit at pro tem stage

Dolby v. Lava: security deposit at pro tem stage

In the suit DOLBY INTERNATIONAL AB & ANR. v. LAVA INTERNATIONAL LIMITED (CS(COMM) 350/2024 with I.As.) before the Delhi High Court, the Plaintiff is a patent holder for a representative group of Standard Essential Patents (SEPs), including three active patents...

Government launches SEPs consultation to boost UK innovation

Government launches SEPs consultation to boost UK innovation

The UK Intellectual Property Office (UKIPO) has today launched a consultation on potential measures to address challenges in the UK's Standard Essential Patents (SEPs) ecosystem. A patent that protects technology that is essential to implementing a technical standard...

Improvement to the patent term extension system for drug patents in China

Eddie Zheng and Dawn Chen of Corner Stone & Partners examine the dual impact of China’s patent term extension system on pharmaceutical R&D and innovation and offer policy recommendations for its improvement.

Biosimilars: clarifying the link between patent rights and regulatory approvals

Pravin Anand, Prachi Agarwal, and Elisha Sinha of Anand and Anand explore the complexities of biosimilar litigation, examining India’s Guidelines on Similar Biologics, which have shaped key cases to ensure pharmaceutical products meet regulatory standards for market approval and sale.

The gray area between patent rights and physician practice

Osamu Yamamoto of Yuasa and Hara examines the recent Intellectual Property High Court decision on a patent infringement case involving a “composition for breast augmentation,” emphasizing the importance of balancing healthcare practices with robust patent protection.

Patent powerhouse: unpacking Ceres Power’s Innovations in clean energy with Andy Spurr, Head Patent Counsel at Ceres Power

Andy sits down with The Patent Lawyer to discuss the vital role of IP in driving innovation and collaboration within the clean energy sector, addressing the challenges and strategies that ensure the company’s technology remains at the forefront of the industry.

AI at the crossroads: inside Dr Stephen Thaler’s legal battle for machine generated invention rights

Mark Nichols and Peter Finnie of Potter Clarkson provide insight into their assistance in the upcoming UK High Court appeal involving Dr Stephen Thaler’s AI system, DABUS; a significant case that may determine whether a human can be named as the inventor of an AI-generated invention.

Patent protection strategies for AI algorithms

Xiaodong Wang and Yajing Zhang of Beijing Sanyou IP Agency Ltd. examine the key challenges of patenting AI algorithms within traditional patent systems and provide strategic guidance for developing effective and comprehensive patent protection in this evolving field.

Insight into AI-related inventions in Japan

Yoshiteru Mizumoto of Asamura IP analyzes recent trends in AI-related patent applications across Japan, the US, Europe, China, and Korea, highlighting the need for Japan to update its legislation to clarify whether AI can be recognized as an inventor.

Key insights after two years of the UPC and UP: Q&A for IP managers

Michael Pfeifer and Dirk Schüßler-Langeheine of HOFFMANN EITLE reflect on the two years since the Unified Patent Court and Unitary Patent came into effect, providing strategic guidance for navigating and optimizing UPC/UP approaches.

Interim security in SEP disputes: the role of pro tem arrangements

Ranjan Narula and Suvarna Pandey of RNA, Technology and IP Attorneys explore the recent decision in Dolby International AB & Anr v. Lava International Limited, highlighting the value of pro tem arrangements in cases involving SEPs, due to their unique nature and their public interest implications.

USPTO increases enforcement of false small and micro entity status claims

Mikhael Mikhalev of Maschoff Brennan outlines the USPTO’s newly established statutory penalties for false claims of small or micro entity status, providing guidance to patent attorneys on how to avoid these sanctions.

The accession of Brazil to the Budapest Treaty on the international deposit of microorganisms

Ana Paula Caetano Rocha of Vaz e Dias Advogados & Associados discusses Brazil’s recent accession to the Budapest Treaty, a move driven by the need to standardize and simplify the international recognition of biological material deposits, thereby strengthening national innovation.

“Same problem” in an obviousness analysis

Erick Robinson and Eugene Goryunov of Brown Rudnick tackle the concept of ‘motivation to combine’ in the context of prior art references in obviousness analysis, highlighting its inconsistent treatment by the courts.

Fixing the framework: Indian Courts tackle prior art combinations and PSITA formation, inter alia, among other patentability issues

Dr Joshita Davar Khemani and Sonal Mishra of L. S. Davar & Co. focus on how courts are addressing issues related to prior art combinations and the formation of Person Skilled in the Art (PSITA) teams, highlighting significant cases that underscore the importance of clear technical reasoning in patent rejections.

Brazil: a key jurisdiction for patent enforcement

Otto Licks, Alysson Araujo, and João Cruz of Licks Attorneys emphasize Brazil’s rise over the past two decades as a leading jurisdiction for patent enforcement, propelled by a reliable and efficient legal framework that has offered strong protection for patent holders, particularly in the ICT and life sciences sectors.

Eligible subject matter for divisional applications in Mexico: a snapshot of the current practice

Corina Silva Alvarez of Uhthoff Gomez Vega & Uhthoff shares insight into the recent developments regarding divisional application practice, following the introduction of the Federal Law for Protection of Industrial Property in Mexico.

Navigating divisional application strategies in Mexico

Sergio L. Olivares Sr. and Mauricio Samano of OLIVARES review the Federal Law for the Protection of Industrial Property, highlighting a significant gap in the legislation stemming from the absence of regulations governing divisional applications.

Modern IT toolbox for a modern IP firm

Yury Kuznetsov of Gorodissky & Partners provides expert guidance on the essential tools IP firms should adopt and evaluates the potential benefits of AI-driven solutions and mobile applications.

How to patent what seems non-patentable at the EPO

Robert Klinski of Patentship presents a practical blueprint for IP professionals working with digital technology inventions, particularly in software-heavy domains such as AI, gaming, or fintech and edtech. Drawing on real-world EPO rejection patterns, Robert provides actionable reframing strategies using established EPO logic, especially the problem-solution approach used to asses patentability and inventive step under Articles 52 EPC and 56 EPC.

Dr Tatiana Vakhnina: 50 years in IP

Vakhnina and Partners reflects on the career of its Founder and Senior Partner, Dr Tatiana Vakhnina, whose leadership and over 50 years of expertise have been instrumental in shaping the firm’s practice and driving its achievements.

The Patent Lawyer Annual 2025
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Mewburn Ellis makes major patent litigation hire

LONDON – European intellectual property firm Mewburn Ellis today welcomes top-flight patent litigator Camilla Balleny in a significant boost to its litigation offering. Balleny brings two decades of experience as a litigator to bear in her work advising life sciences...

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ArentFox Schiff adds IP litigation partner in San Francisco

The coast-to-coast expansion of ArentFox Schiff’s nationally recognized Intellectual Property practice continues with the addition of Partner Ehsun Forghany in the San Francisco office. Forghany’s arrival follows the recent addition of a 17-member IP and Litigation...

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UK IPO celebrates first filing in new digital service

The UK Intellectual Property Office (IPO) marks a ‘game-changing moment’ as the first patent is filed in the new ‘One IPO’ service. The IPO is celebrating a landmark moment, with the first patent application successfully filed on the new fully digital ‘One IPO’...

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Patent law and litigation without Chevron deference

In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned Chevron in a 6-3 decision, thereby eliminating nearly 40 years of Chevron deference to administrative agencies. Based on Section 706 of the Administrative Procedure Act (APA), the majority held that...

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Behind the scenes: Potter Clarkson’s IP Summer School

Our Editor-in-Chief, Faye Waterford, had the unique opportunity to attend Potter Clarkson’s residential IP Summer School, an exclusive event that took place on June 25-26 at the University of Nottingham. After a very warm welcome and humorous icebreaker conducted by...

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Buchalter welcomes IP shareholder in San Francisco

Buchalter is pleased to announce that Robert Becker has joined the firm as a Shareholder in its San Francisco office as a member of the Intellectual Property practice group. “We are thrilled to welcome Rob to Buchalter,” said Adam Bass, President and Chief Executive...

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Samsung’s preemptive strike: precedent or predictable?

Consumers are very familiar with tech product launches. Years of research, speculation, tech blog rumors, and even legal filings all build anticipation for the long-awaited official announcement. The dramatization of the process is, of course, all part of the...

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Ojam Bullrich Flanzbaum appoints Belen Recchini as partner

The firm specialized in intellectual property, technology, and data privacy, Ojam Bullrich Flanzbaum, has appointed Belen Recchini as its new partner. Recchini has been part of the company's team since February 2019. Recchini is a lawyer who graduated from the...

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Com Laude announces appointment of Ben Crawford as CEO

25 June 2024 - London - Com Laude, leading global provider of internet domain name management and online brand protection to many of the world’s foremost brands, today announced the appointment of Ben Crawford as Chief Executive Officer and Director. The news follows...

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Clarivate launches IP Collaboration Hub

Enabling users to save time and reduce risks in the IP filing and prosecution process London, UK - June 24, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today launched the IP Collaboration Hub™ at the 2024 Clarivate...

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A segment dedicated to women working in the IP industry, providing a platform to share real accounts from rising women around the globe. In these interviews we will be discussing experiences, celebrating milestones and achievements, and putting forward ideas for advancing equity and diversity.

By providing a platform to share personal experiences we aim to continue the empowerment of women in the world of IP.

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In this six-part series Dr. Suzanne Wertheim, of Worthwhile Research & Consulting, talks to The Patent Lawyer about diversity, equity, and inclusion: what it means; the current challenges; DEI in law; gender bias; and what we can all do to improve.

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