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Written description and genus claims: lessons from In re: BAC IP B.V.

Written description and genus claims: lessons from In re: BAC IP B.V.

On August 5, 2025, in In re: BAC IP B.V., No. 24-2124, the Court of Appeals for the Federal Circuit (CAFC) affirmed the rejection of broad genus claims for lack of written description under 35 U.S.C. § 112, first paragraph. The opinion underscores that satisfying the...

Kubota wins jurisdictional challenge in patent dispute  

Kubota wins jurisdictional challenge in patent dispute  

Background This dispute revolves around a patent infringement case, CS (Comm) 655/2023, filed by Kubota Corporation (Kubota) against Godabari Agro Machinery and Services India Private Limited (GAMS) and two Chinese companies that allegedly manufactured the machine and...

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.

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Open Invention Network reaches 4,000 community members

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Looking back at AIPPI World Congress 2024 in Hangzhou, China

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Getting your IP Investor-Ready: an event for growing startups

When?: February 18, 2025 – 17.30 GMT start Where?: The White Chapel Building, 10 Whitechapel High Street, London, E1 8QS Registration: RSVP here Reddie & Grose LLP, the specialist UK & European intellectual property law firm, is set to host an exclusive event...

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Brown Rudnick elects new partners for 2025 

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Buchalter welcomes new IP shareholder in Arizona

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Axelpharm fined one billion RUB for sale of patented drug

Marketing generic drugs is an ongoing issue. The original drugs cost a large amount to create and are cheap to reproduce. Usually, generic drugs go to the market after the expiration of the relevant patent protecting the original drug, but sometimes they go to market...

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HOYNG ROKH MONEGIER appoints two partners and two counsels

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