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UK IPO publishes update and forward look on SEPs work

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...

EPO updates guidelines for examining AI inventions

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...

Another milestone in China’s implementing regulations of patent law

Another milestone in China’s implementing regulations of patent law

The Implementing Regulations and Examination Guidelines came into force in January this year. The new regulations have optimized the previous version in aspects such as application, examination, enforcement, and protection. These optimizations should make applying for...

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...

China’s revised Seed Law allows breeders to bet the farm

From knock-off luxury clothing to replica iPads, trademark and copyright infringement come in many forms. More recently, copycats are turning to plant breeders' highly crafted innovations: fruits and vegetables.  Specifically, in China, there are a growing number of...

The Irish Government announces referendum on joining the UPC

The Irish Government has announced that it will hold a referendum on joining the Unified Patent Court (UPC) in June 2024. This news moves Ireland closer to becoming the 18th EU country to join the UPC and unitary patent (UP) system. The news was widely welcomed by the...

Chips and justice: PepsiCo’s battle over potato variety in India

Chips and justice: PepsiCo’s battle over potato variety in India

PepsiCo, the world's second-largest food and beverage corporation, has finally won the long-term court battle against a group of Indian farmers concerning IP rights over its registered potato variety.  Recently, the Hon’ble Delhi High Court Division Bench set aside a...

New ECTA Patent Committee: mission, vision, and destiny

New ECTA Patent Committee: mission, vision, and destiny

ECTA has created a Patent Committee. This is quite a surprising move considering that ECTA has the reputation of being an association specialized in other IP rights, particularly trademarks. At first glance, it is surprising that a reputed trademark association like...

Why so opaque? Transparency and the Unified Patent Court

Why so opaque? Transparency and the Unified Patent Court

The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...

Lenovo’s Zenbook attack: valid claim or troll move?

Lenovo’s Zenbook attack: valid claim or troll move?

Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...

Nike defends its Flyknit technology by suing for patent infringement

Nike defends its Flyknit technology by suing for patent infringement

At the beginning of November 2023, the footwear giant Nike filed lawsuits against its competitor, New Balance, before the Federal Court of Massachusetts and against Skechers before the Federal Court of Los Angeles for infringement and non-consensual use of patented...

Designing a new patent bar

Designing a new patent bar

On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...

Start-up to scale-up: does IP hold the key?

Start-up to scale-up: does IP hold the key?

The UK Government’s enthusiasm for technology as evidenced by the recent Autumn Statement and the AI Safety Summit is positive and recognizes the fantastic scientific resources we have in the UK (including our universities, scientists, angels, VCs, IP lawyers, and...

UK court decides AI is patentable

UK court decides AI is patentable

A recent judgment of the High Court of England and Wales has opened the door for patenting artificial intelligence (AI) in the United Kingdom. The judgment in Emotional Perception AI Ltd v. Comptroller-General of Patents, Designs, and Trade Marks [2023] EWHC 2948...

The Supreme Court denies petition on patent reissue standard

The Supreme Court denies petition on patent reissue standard

Early last month, the Supreme Court rejected a petition from inventors challenging a Federal Circuit ruling that their reissue patents were invalid. The rejection leaves in place the Federal Circuit’s standard for a reissue patent application; whether the original...

Orlando jury finds willful infringement in waterslide case

Orlando jury finds willful infringement in waterslide case

On November 9, 2023, after a nine-day jury trial in the Middle District of Florida, ProSlide Technology, Inc. prevailed in a patent infringement case related to large water slides. Patent owner, ProSlide, and defendant WhiteWater West Industries, Inc., are the two...

10-days no more – Changes to the calculation of EPO time limits

10-days no more – Changes to the calculation of EPO time limits

As of 1 November 2023, the “10-day rule” will be abolished and will no longer apply to deadlines that are triggered by communications issued by the European Patent Office (EPO) on or after that date. Background and current situation Some deadlines set by the EPO (for...

An update on claim priority and PCT applications

An update on claim priority and PCT applications

The Enlarged Board has issued its decision in consolidated cases G 1/22 and G 2/22. It concluded that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal...

A shift in gears sees Zwift and Wahoo back in collaboration

A shift in gears sees Zwift and Wahoo back in collaboration

Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...

Powerful new search tool will help IPO maintain patent quality

Powerful new search tool will help IPO maintain patent quality

Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...

Protecting organoleptics in food IP: a problem to sink your teeth into!

Protecting organoleptics in food IP: a problem to sink your teeth into!

Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...

Delhi High Court quashes competition inquiry against Ericsson

Delhi High Court quashes competition inquiry against Ericsson

The Delhi High Court, in a judgment dated 13.07.2023, has quashed the investigations being conducted by the Competition Commission of India (“CCI”), the market regulator in India, into allegations of abuse of dominant position against Ericsson for exercise of its...

Government proposes amendments to Indian Patent Rules

Government proposes amendments to Indian Patent Rules

The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, the body responsible for administering Indian IP laws has, on August 22, 2023, published the Draft Patents (Amendment), Rules, 2023 (Draft Rules). The Draft Rules...

Room temperature superconductivity in sight

Room temperature superconductivity in sight

Room temperature superconductivity has been a dream for researchers and industry alike for many years, and a new paper released by South Korean scientists suggests that it may have been discovered. The ability to conduct electricity without loss of energy has the...

USPTO updates drawing figures selection process for efficiency

USPTO updates drawing figures selection process for efficiency

In a recent communication, the United States Patent and Trademark Office (USPTO) announced an improved and more efficient process for choosing drawing figures to be featured on the front page of pre-grant patent publications. The new development, which will take...

Exercising judicious use: AI tools for legal professionals

Exercising judicious use: AI tools for legal professionals

In recent years, the advancement of artificial intelligence (AI) tools has brought about significant changes in how various industries engage with technology. From sophisticated machine learning algorithms to natural language processing and computer vision systems, AI...

The importance of Bayh-Dole Act compliance for patent holders

The importance of Bayh-Dole Act compliance for patent holders

In the realms of technology and innovation, patents offer the lifeblood that propels forward progress.  Patent holders are granted an exclusive right to their invention, providing them with a distinct market advantage.  However, when these inventions are borne out of...

UK Government publishes transformation consultation response

UK Government publishes transformation consultation response

The UK government has published its response to the transformation consultation which ran in late 2022 and ended on 6 January this year. The government sought views on a number of changes related to the Intellectual Property Office’s (IPO) new digital services, and...

Why abuse in the EU SPC Waiver Regulation needs to be eliminated

Why abuse in the EU SPC Waiver Regulation needs to be eliminated

At first glance, the patent system may seem like a peculiar exception within the context of a free-market economy. After all, patents confer monopolistic rights — something that is usually anathema in free-market ideology. Yet patents represent a rational tradeoff to...

Clarivate releases Innovators to Watch 2023 Report

Clarivate releases Innovators to Watch 2023 Report

Identifies 36 companies and organizations on the cusp of Top 100 Global Innovators status London, U.K., July 25, 2023 – Clarivate Plc (NYSE: CLVT), a global leader in connecting people and organizations to intelligence they can trust to transform their world, today...

EPO releases a Unitary Patent dashboard

EPO releases a Unitary Patent dashboard

Real-time data confirms confidence in new system Munich, 24 July 2023 –The EPO has published today a dashboard which offers a timely snapshot of applicants’ eagerness to opt for the Unitary Patent. The interactive display breaks down requests for Unitary Patents by...

The Supreme Court leaves patent eligibility in flux

The Supreme Court leaves patent eligibility in flux

In May 2023, the US Supreme Court declined to hear three cases concerning patent eligibility: Interactive Wearables LLC v. Polar Electro OY[1], Tropp v. Travel Sentry Inc.[2], and Avery Dennison Corp. v. ADASA Inc.[3] This is despite the US solicitor general, the US...

Google v. Sonos hearing… or not!

Google v. Sonos hearing… or not!

Have you wondered why the option of Google Assistant voice control, used to manage speakers, has disappeared from the Sonos app? The answer is straightforward: the long-standing dispute between the two companies. Last time, Google and Sonos confronted each other in...

Fake it till you make it: horizons in plant-based meat analogues

Fake it till you make it: horizons in plant-based meat analogues

Shifting consumer attitudes, an uptake of plant-based and flexitarian diets, and a growing global demand for food are driving rapid expansion in the plant-based meat sector. In fact, sales of meat-free products are expected to exceed £1.1 billion in the UK by 2024....

The Supreme Court takes enablement law back to basics

The Supreme Court takes enablement law back to basics

On May 18, 2023, the US Supreme Court issued its opinion in Amgen v. Sanofi, which concerns patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must describe “the invention” and “the manner and process of...

US Supreme Court: the more one claims, the more one must enable

US Supreme Court: the more one claims, the more one must enable

On May 18, 2023, a unanimous US Supreme Court in Amgen Inc. v. Sanofi[1] affirmed a decision by the US Court of Appeals for the Federal Circuit that found Amgen’s patents invalid for lack of enablement. The Court held that the methods recited in Amgen’s patents did...

Proposal for a regulation on standard essential patents

Proposal for a regulation on standard essential patents

On 27 April 2023 the European Commission presented its proposal for a new regulatory framework for the licensing of standard essential patents (SEPs) in the EU. The draft regulation seeks to '(i) make available detailed information on SEPs and existing FRAND terms and...

Gilead wins: high-stakes battle over HIV drug patents

Gilead wins: high-stakes battle over HIV drug patents

In the hallowed halls of intellectual property (IP) and the pharmaceutical industry, Gilead Sciences' recent victory over the US government is a game changer, folks. This isn't just about Gilead shaking off the government's patent claims like a dog shaking off water;...

Mental Health Awareness Week: get help!

Mental Health Awareness Week: get help!

Angus Lyon, LawCare volunteer and former solicitor who now works counselling lawyers online, writes about anxiety in the legal profession for Mental Health Awareness Week. There’s an old New Yorker cartoon by Danny Shanahan. Panel 1 shows Timmy floundering in a fast...

The three fallacies in modern patent translation 2.0

The three fallacies in modern patent translation 2.0

I am reading a book entitled "Translation Accuracy and Dissemination of Disclosure of Patent Information: An Analysis of Translation and its Influence on Patent Law" by Dr. Aline Larroyed. It is a highly recommended book for patent professionals who must deal with...

Non-compete agreements: shielding or shackling innovation?

Non-compete agreements: shielding or shackling innovation?

Introduction In recent years, former employees of Companies have launched innovative solutions to meet the needs of the public, such as the recent launch of Bluesky, a social media platform by Jack Dorsey, the former CEO of Twitter. These recent events have sparked...

Celebrating World IP Day: thoughts from our Editorial Board

Celebrating World IP Day: thoughts from our Editorial Board

Each year, on April 26, World Intellectual Property Day is celebrated in a continued effort to raise awareness and understanding of the value IP offers. This year’s focus is ‘Women in IP: Accelerating innovation and creativity’, intended to highlight the incredible...

IP Norge: a new cluster promoting Norway’s IP ecosystem

IP Norge: a new cluster promoting Norway’s IP ecosystem

IP Norge is a recently founded intellectual property cluster based in Norway. The cluster was established by 17 founding members with the aim of bringing together Norwegian companies, organizations and individuals who are involved in the management, protection and...

Ford seeks patent for autonomous repossession

Ford seeks patent for autonomous repossession

“The rise of AV technology presents a range of opportunities for companies interested in leveraging this technology for their own use. While there are certainly concerns about the potential for increased surveillance and control, the reality is that this technology...

Guess who? Controversy over deepfake technology

Guess who? Controversy over deepfake technology

ITV’s new show ‘Deep Fake Neighbour Wars’ has recently received a lot of media attention due to its use of deepfake technology. The show uses images of celebrities and superimposes those images onto the faces of the UKs best impressionists. The impressionists then act...

Evolving scope of patent claim amendment

Evolving scope of patent claim amendment

The recent orders from the Delhi High court clarify that the claims can be amended by including the features from the description, thus redefining the permissibility of the claim amendments by the Indian Patent Act. The Delhi High Court, Intellectual Property Division...

Is ChatGPT for patent lawyers?

Is ChatGPT for patent lawyers?

When I was young, Steve Jobs famously called computers “bicycles for the mind,” and the metaphor helped explain why computers are so useful to human beings. Bicycles help humans conserve energy from one step to the next, which is why they are the best walkers in the...

The wonder materials driving battery innovation

The wonder materials driving battery innovation

Every aspect of the battery lifecycle is experiencing innovation which is pushing batteries towards being arguably the most important technology of the 21st century.  For this reason, our recently published Battery Insights & IP Trends special report analyses...

A killer comma (,) that crashed Boeings’ patent

A killer comma (,) that crashed Boeings’ patent

Boeing the US aerospace giant ended up losing a very crucial patent due to a misplaced comma in the patent claim. Background: The patent under question was EP1798 872 dealing with the method of handling aircraft communication. The method discloses the use of different...

Turbulent times: Nike v Lululemon over FlyKnit patent portfolio

Turbulent times: Nike v Lululemon over FlyKnit patent portfolio

While trademark/trade dress and design patents are often used by sneaker brands to protect against similar sneaker designs released by competitors, utility patents have also been used to protect features of sneakers for over a hundred years. From Reebok’s patent for...

Is ChatGPT for Patent Lawyers?

Is ChatGPT for Patent Lawyers?

When I was young, Steve Jobs famously called computers “bicycles for the mind,” and the metaphor helped explain why computers are so useful to human beings. Bicycles help humans conserve energy from one step to the next, which is why they are the best walkers in the...

Updated guidelines for examination in the European Patent Office

Updated guidelines for examination in the European Patent Office

As a European Patent Attorney, one of my go-to texts is the Guidelines for Examination in the European Patent Office (EPO), known to many as simply the “Guidelines”.  The Guidelines are prepared by the EPO to direct the work of their employees, but they also provide...

Who owns the IP in ChatGPT?

Who owns the IP in ChatGPT?

Ever since the printing press was invented, tools have empowered the innovation and  creativity of humans to earn a pecuniary right from the things that they create. ChatGPT  is no less than the most advanced typewriter made freely available to us. It should be used...

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