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Trade secrets and software: secrecy over public right to exclude

Trade secrets and software: secrecy over public right to exclude

As software systems become central to business innovation, trade secret law is crucial for protecting them. The need to protect software and algorithms presents unique challenges for businesses that have long relied on patent protection. The nature of software often...

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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EIP announces promotion of Ben Maling to partner

EIP is delighted to announce the promotion of Ben Maling to Partner, effective from April 1, 2025. Maling's extensive experience in artificial intelligence aligns perfectly with EIP's commitment to staying at the forefront of technological advancements and providing...

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WIPO Global Awards 2024 nominations now open

Nominations for the 2024 WIPO Global Awards are now open: How to Apply: WIPO Global Awards 2024.  This year’s awards recognize exceptional small and medium-sized enterprises (SMEs) and startups that make smart use of intellectual property (IP) and positively...

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USPTO issues inventorship guidance on AI-assisted inventions

The USPTO recently issued inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance explains that “AI-assisted inventions are not categorically unpatentable.” However, a natural person must have provided a “significant contribution”...

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Clarivate reveals Top 100 Global Innovators 2024

New report introduces rankings for the first time; Samsung Electronics leads the list Clarivate Plc, a leading global provider of transformative intelligence, today revealed its 2024 list of Top 100 Global Innovators™ – organizations leading the world in technology...

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UK IPO publishes update and forward look on SEPs work

Standards and standard essential patents (SEPs) are of growing importance to the UK economy and the Intellectual Property Office (IPO) is committed to ensuring the current SEPs framework functions effectively to encourage innovation and promote competition. In the...

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EPO updates guidelines for examining AI inventions

The European Patent Office (EPO) has released a draft of its new Guidelines for Examination, which will come into effect on 1 March 2024. The new guidelines include some important updates to the EPO’s practice for examining inventions in the fields of artificial...

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Blank Rome welcomes IP litigation associate in Washington, D.C.

Blank Rome LLP is pleased to announce that Eda Stark has joined the firm’s Washington, D.C. office as an associate in the Intellectual Property Litigation group, which also recently welcomed partner Andrew R Kopsidas. Eda concentrates her practice on representing...

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Green technology patenting trends in India

Climate change is a global issue, and calls for rapid action are growing stronger. UN Secretary-General Antonio Guterres urged net-zero greenhouse gas emissions by 2050 to keep global warming to 1.5°C. The message is clear: climate change is a worldwide issue that...

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Google settles lawsuit over computer chips that power AI

On January 24, 2024, Google LLC settled a patent infringement lawsuit over computer chips that power its artificial intelligence (AI) technology. The settlement comes the same day that closing arguments were scheduled to begin in a trial on the lawsuit by Singular...

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Women in IP Leadership

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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Diversity, Equity & Inclusion Series

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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