The final round: UK Supreme Court grants leave to appeal to Emotional Perception AI Limited
Emotional Perception AI Limited (EPAIL) has been granted leave to appeal by the UK Supreme Court in its ongoing battle to secure a patent for its music recommender system using an Artificial Neural Network (ANN). This follows appeals in two instances after the UK...
Use of terms “payment” and “transactions” does not automatically classify an invention as a business method
The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT)492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled "Methods and Devices for Authentication of an...
Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit
Nintendo and The Pokémon Company made waves in the video game industry when they jointly announced a patent infringement lawsuit against Pocketair, Inc. back in September 2024. Their press release cryptically alleged that Pokémon competitor and monster-catching game...
Apple v. Masimo: the clash over pulse oximetry patents
Why would a trillion-dollar company leading the smartwatch market challenge a barely known watch? In this case, Apple sued Masimo for patent infringement, targeting its health watch which has negligible sales. In October 2024, a Delaware jury ruled that Masimo’s watch...
EUIPO unveils five-year strategy focused on providing high-quality IP services while fostering competitiveness, innovation, and economic growth in Europe
The plan, adopted at the EUIPO's Management Board and Budget Committee meetings, will come into effect on 1 January 2025 One of the priorities is to enhance the customer experience by delivering high-value IP products and services while further improving...
Best practices for drafting strong patent claims
In the life span of any business, the investment goes way beyond the financial aspects. It's the years of dedication, contemplating, experimenting, and actively refining your idea of a product or service cut through the market. From the moment an idea is born,...
UK Government decides not to reduce or limit R&D tax credits
The UK Government’s 2024 Budget, while squarely focused on tax increases and revenue measures, suggests a pragmatic recognition by the new Labour administration that sustainable tax receipts are ideally underpinned by economic growth and wealth creation. In a global...
How I would use AI to steal your design… and what you can do about it
To protect our designs, ideas, and innovations, we must think like an infringer. May AI allow bad actors to knock off your design… and get away with it? First, we need to understand AI-assisted design. Like all new tech, AI will follow Amara’s law. We overestimate the...
Calcutta High Court issues IP Division Rules
The Calcutta High Court recently adopted the much-awaited Intellectual Property Rights Division Rules, 2023 (Calcutta IPD Rules), making it the third High Court in India, after Delhi and Madras, to implement specialized regulations for IP matters. While the Calcutta...
AstraZeneca challenges Axelpharm’s cancer drug patent
AstraZeneca is a world-renowned pharmaceutical company. It owns many patents in Russia and takes steps to protect them against encroachers. Its medicines are exempt from sanctions because they are mainly used for the life-preserving treatment of cancer. Axelpharm, a...
USPTO issues final rule on Director Review of PTAB decisions
On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board (PTAB) Decisions. 89 Fed. Reg. 79,744 (October 1, 2024). The final rule codifies many aspects of the PTAB’s revised interim Director Review...
The dark side of fake goods: consumers put health, safety, and the economy at risk while fuelling organized crime
Organized crime groups take advantage of worldwide demand for low-priced goods, misleading consumers into purchasing fake goods Approximately 86 million fake items were seized in the EU in 2022, with an estimated value exceeding €2 billion Counterfeit goods represent...
UK IPO campaign highlights dangers of counterfeit vehicle parts
The campaign focuses on the serious risks these goods pose, warning that ‘Fake Always Breaks’ The UK Intellectual Property Office (UKIPO) has launched a new national awareness campaign warning of the dangers of buying counterfeit vehicle parts The ‘Fake Always...
Welcome to Hangzhou! The AIPPI World Congress 2024
AIPPI World Congress 2024 opened its doors in Hangzhou, China, on Saturday, 19 October. All attending were warmly welcomed, and there was general excitement for the next few days of educational sessions, member meetings, and networking. Guoqing ZHANG, Vice Premier of...
Crystalizing plant variety infringement protection in India
On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...
German criminal court finds three defendants guilty of fraud for sending misleading invoices to EUIPO customers
In September 2024, the Munich Court (Germany) found three defendants guilty of commercial gang fraud for sending misleading invoices to EUIPO customers. Each defendant was sentenced to one year and 10 months of imprisonment, suspended with a three-year probation...
Pocketpair, I choose you… to sue: an early glimpse into the Nintendo-Pocketpair litigation
Out of the blue on September 19, 2024, video game company Nintendo and The Pokémon Company issued a joint news release via a post on the Nintendo website. The post asserted that Pocketpair infringed certain patents but contained sparse details about the alleged...
Increase in patent fees in Russia
From October 5, 2024, the amount of patent fees collected in Russia has increased in accordance with the relevant draft government resolution. The changes will affect legally significant actions related to such intellectual property items as inventions, utility...
COPA and Unified Patents sign partnership to protect the crypto community from patent trolls
Launch of Blockchain Zone to challenge patents owned by non-practicing entities (NPEs) that could impact the open-source ecosystem NPEs still account for 58% of all [US] patent litigation; partnership aims to deter NPE activity in crypto October 1, 2024 - Today,...
ERS Genomics and Université de Montréal sign CRISPR/Cas9 license agreement
License agreement provides Université de Montréal access to CRISPR gene editing technology for use across its platform services Dublin, Ireland, and Montreal, Canada - October 1, 2024 - ERS Genomics Limited (‘ERS’), the CRISPR licensing Company, and Université de...
Relentless pursuit of victory: BMW Group prevails in Arigna patent litigation saga
BMW Group prevailed in its long-running battle against Arigna Technology Ltd. While Arigna’s efforts spanned years and multiple venues — BMW Group’s multi-faceted legal strategy and refusal to settle ultimately forced Arigna to fold. Pressuring from all sides: BMW...
Looks can be deceiving: the first denial of a design patent IPR petition since LKQ
This August saw the first denial of an inter partes review petition for a design patent at the Patent Trial and Appeal Board (PTAB) since the Federal Circuit’s en banc decision in LKQ Corporation v. GM Global Technology Operations LLC. In Next Step Group, Inc. v....
Tesla demolishes Avago in two UPC cases
Late August 2024 saw two UPC cases decided in Avago’s patent litigation battles with Tesla, with Tesla coming out in front in each case. In the first decision, by the UPC Local Division Hamburg, Avago’s patent EP1612910B1 was narrowed to such an extent that there was...
Important notice from UKIPO: action needed to continue using EPO online filing
European Patent Office (EPO) smart cards will expire soon. The UK Intellectual Property Office (UKIPO) has updated its information on GOV.UK with specific details on what actions customers need to take and when. After September 30, 2024, customers will no longer be...
Delhi High Court allows Blackberry patent on ‘auto-selection of media files’
The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, is a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products,...
MR Technologies emerge victorious in patent infringement case against Western Digital
Many remarkable legal actions have been taken on behalf of MR Technologies GmbH. Recently, it proved to be victorious in a dispute against Western Digital Technologies Inc. by defending its IP at the US District Court for the Central District of California....
The rise of “dupe” culture: designers struggle to protect their designs
With rising prices, it can be tough to look cute on a budget. The rise of fast fashion and “dupes” – cheap imitations of more expensive goods – have captivated the younger generation. In the past, wearing an imitation of a brand was looked down on. The new generation...
USPTO updates on AI patent eligibility: key takeaways for practitioners
The USPTO has issued updated guidelines on patent subject matter eligibility, specifically addressing artificial intelligence (AI) inventions under 35 USC 101. These updates, aligned with Executive Order 14110, clarify the evaluation process for AI innovations,...
The Uber-Waymo patent dispute: self-driving technology’s legal battles
Self-driving technology, once the stuff of science fiction, has become a rapidly advancing field poised to revolutionize transportation. At the heart of this technological evolution are companies like Uber and Waymo, pioneers in developing autonomous vehicles....
UKIPO issues new Civil Procedure Rules guidance
The UK Intellectual Property Office (UKIPO) has today issued new guidance reminding legal professionals of their obligation under the Civil Procedure Rules (CPR) to notify the UKIPO of new court cases started in the UK courts, which involve registered intellectual...
HGF launches forward-thinking and inclusive parental leave policy
This policy positions HGF as the first Intellectual Property firm in the UK to provide all eligible colleagues, irrespective of gender, with access to the best parental leave and pay offering including up to 52 weeks of leave with 26 weeks at full pay. Launching...
UPC grants access to evidence but concerns remain over how transparent the new European Court system is going to be
Comments on the Unified Patent Court’s (UPC) decision to grant Mathys & Squire's access to evidence in a Unified Patent Court case between Astellas and Healios Background Mathys & Squire, the intellectual property law firm, had brought a test case to try and...
Calcutta High Court sets aside template order in patent (post-grant) opposition proceedings
Terex India Private Limited (Terex) filed an appeal against the order passed by the Deputy Controller of Patent and Designs on March 2, 2023 (under Section 117A of The Patents Act, 1970), challenging the refusal of the post-grant opposition filed by Terex for the...
The obviousness-type double patenting saga continues!
It is very common for patentees to have multiple granted patents within the same patent family, and due to patent term adjustment (PTA), one or more of those patents could expire well beyond the expiration date of other patents in the family. However, what if an...
Diamond industry gets rocked: Sonani Industries injunction application rejected
The Hon'ble Division Bench, High Court of Gujarat recently delivered a judgment on July 19, 2024, in the patent infringement case involving Sonani Industries Pvt Ltd (formerly Sonani Jewels Pvt. Ltd.) and Galactica Processing Technologies LLP & Ors. This appeal...
El Salvador approves new Intellectual Property Law
The Legislative Assembly of El Salvador has approved a new Intellectual Property Law, repealing the previous Law on Trademarks and Other Distinctive Signs, as well as the Intellectual Property Law that had been in force since 1993 and its regulations. The new law...
Ozempic’s impending patent expiry spurs development of biosimilars in mainland China
China has the highest prevalence of type 2 diabetes (T2D) and obesity in the world, owing to growing trends in Western dietary patterns, sedentary lifestyles, and urbanization, making it a lucrative market for GLP-1 receptor agonist developers. According to Clarivate...
King’s speech: AI implications for IP
What did the King’s Speech say about AI? Many of us working on inventions in the artificial intelligence (AI) sector were watching the King’s speech with anticipation following rumors of an AI bill. Although the speech did not explicitly commit to an AI bill, it did...
UK IPO issues fresh warning to beware of misleading invoices
Customers should not pay these and should always report them to the IPO IPO issues fresh alert to beware of unsolicited payment requests. Figures show a recent surge in such requests reported by customers – up 63% on the same period last year. IPO publishes updated...
InterDigital v. Lenovo: royalties without limits
Four weeks after hearing five days of argument, the Court of Appeal delivered a 90-page decision in InterDigital v. Lenovo, dismissing most of the grounds of appeal and cross-appeal. The only significant issue on which the Court of Appeal disagreed with the trial...
India ranks fifth in the global generative AI landscape
India ranks fifth globally in the number of Generative AI (GenAI) patents published between 2014 and 2023, as highlighted in the World Intellectual Property Organization’s (WIPO) recent report. The report Patent Landscape Report on Generative Artificial Intelligence...
Nokia v. Mala Technologies: the UPC interprets its relationship with national courts
Brussels recast The Brussels I Regulation has been in force, under various names, since 1973 and defines general rules on the jurisdiction of the national courts within the EU. The Unified Patent Court (UPC) has exclusive competence over certain types of patent...
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’...
World’s largest wireless telecommunications operator China Mobile joins Open Invention Network
Chinese companies have become increasingly sophisticated regarding patents. According to the country’s top intellectual property regulator, China National Intellectual Property Administration, the number of invention patents granted in China in the first four months...
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...
Clarivate reveals first year of Unitary Patent Court litigation activity
Consistency in infringement cases with an average of 10 filings per month London, UK - July 10, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today launched the report One year later in the UPC: First insights from...
Second decision of the Court of Appeal of the UPC on claim construction
On May 13, 2024, the Court of Appeal of the Unified Patent Court (UPC) handed down its second decision dealing with claim construction (CoA_1/2024 / ApL_8/2024). In the first decision of February 26, 2024 (CoA_335/2023 / App_576355/2023), the court had already...
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...
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...
Filings of secret ‘National Security’ patents increase 36% in a year amid military tech developments
Increase in defense spending thought to be driving the trend National security patents cover military-grade technology, sophisticated comms equipment drones, and cutting-edge materials. The number of secret ‘National Security’ patents filed in the UK – those deemed by...
IBM settles patent infringement lawsuit against Rakuten over e-commerce technologies
Recent court filings reveal that International Business Machines Corp. (IBM) and Rakuten have reached a settlement in their legal dispute. IBM filed the complaint in 2021 alleging that the e-commerce website violated e-commerce-related patents. The settlement brings...
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...
Farewell to SCiFi Foods: IP, insolvency, and opportunity
Cultivated meat – growing animal cells in culture and harvesting the results as food – has exploded over the last 10 years. However, between technical hurdles and a challenging funding landscape, many commentators have suggested that the fragmented sector will see a...
Divisional applications in Russia: does the story continue?
On June 4, 2024, the Russian Supreme Court issued a decision that finalized the litigation between KRKA, d.d., Novo mesto (Slovenia), and AstraZeneca AB (Sweden) on invention patent 2643764. About half a year earlier, on January 2, 2024, the Italian Supreme Court...
Open Invention Network expands patent protection for largest cross-license in history
Open Invention Network (OIN) oversees the largest patent cross-license in history, with more than 3,800 participants. The cross-license covers basic software componentry across a spectrum of vertical industries that include security, networking, cloud computing,...
A novel twin-litigation strategy: how France can help sidestep the jurisdiction wrangling issue
Patent owners and implementers have struggled to litigate global FRAND rates when negotiations do not lead to a license. FRAND, the concept that a patent owner who participated in creating technical standards used by all companies in an industry should license their...
Stuff You Should Know About IP podcast: new episode out now!
CTC Legal Media is very excited to announce that, after a long hiatus, the Stuff You Should Know About IP podcast is back with a brand new episode! Hosted by Ray Guarnieri and Thomas J. Colson, episode 50 focuses on eight intellectual property challenges startups must...
USPTO on trial: patent office sued for patent infringement
The US Patent and Trademark Office (USPTO) has been sued for allegedly infringing on six patents it previously granted. The patents involved are two-factor authentication systems belonging to two individual inventors and are now being contested by Factor2 Multimedia....
Pfizer triumphs over AstraZeneca in cancer drug patent dispute
In a landmark ruling, the US District Court for the District of Delaware has ordered AstraZeneca to pay Pfizer $107.5 million in damages for infringing on patents related to the lung cancer drug 'Tagrisso.' This case marks a significant victory for Pfizer in the...
Tencent demonstrates longstanding dedication to protecting and enhancing the value of IP at INTA’s 2024 Annual Meeting
ATLANTA, GEORGIA – May 22, 2024 – At this week’s International Trademark Association (INTA) 2024 Annual Meeting, INTA partner and Meeting sponsor Tencent joined thousands of attendees in celebrating the essential role of IP in creativity, commerce, and innovation. The...
‘Squeeze argument’ in patent infringement: tamper-evident closure case
A recent judgment on 8 May 2024, by the Hon'ble High Court of Delhi, in Guala Closures SPA v. AGI Greenpac Limited sheds light on the strategic maneuver known as the 'squeeze argument' and its profound significance in patent infringement cases. This case underscores...
ERS Genomics and IRBM sign CRISPR/Cas9 license agreement
The license agreement provides IRBM access to CRISPR gene editing technology to be applied across its drug discovery services offering. Dublin, Ireland, and Rome, Italy, 20 May 2024 — ERS Genomics Limited (‘ERS’), the CRISPR licensing Company, and IRBM, a leader in...
UPC referendum in Ireland postponed
The Irish Government has confirmed its decision to defer the date for the referendum for the ratification of the agreement on a Unified Patent Court (UPC), which was due to be held on 7 June 2024 to coincide with the European and Local elections. No alternative date...
Neuroscience nugget for Mental Health Awareness Week: moving with awareness
We all know that being active is important for our physical and mental health. However, I am going to look beyond the obvious benefits of being active and take a deeper dive into the field of neuroscience, which demonstrates the interconnectedness of our mind and body...
16th edition of Global IP Convention, Istanbul: India’s flagship event is now in Turkey
The Global Intellectual Property Conference (GIPC) is where brilliance meets influence. This isn't your average gathering; it's a convergence of thought leaders, industry titans, innovators, legal experts, and executives from Fortune 500 companies. Step into the...
Number of drone patents filed worldwide jumps 16% in past year
R&D in defense driving innovation in drone technology, alongside agriculture and logistics Russia filing significant number of patents as drones used in conflict AI is also a key part of the increase in drone patent filings. The number of global patents filed for...
EUIPO’s 5th IP Case Law Conference: an inside look
We were delighted to attend the EUIPO’s 5th IP Case Law Conference held in Alicante on the 29-30 of April 2024 – special thanks to EUIPO for the invitation and exceptional hospitality throughout the conference. Following a warm welcome from Master of Ceremony Thomas...
Legal dispute redefining COVID-19 vaccine patents and future of mRNA tech
The race for a COVID-19 vaccine in 2020 was a global effort, but the aftermath has seen a bitter legal battle erupt between pharmaceutical giants. In August 2022, Moderna, a pioneer in messenger RNA (mRNA) technology, launched a lawsuit against Pfizer and BioNTech,...
Delhi High Court awards Ericsson $29 million in SEP case
On 28 March 2024, the Delhi High Court concluded a decade-long litigation between Telefonaktiebolaget LM Ericsson (Ericsson) and Lava Intl. Ltd (Lava) by delivering a landmark judgment that Lava infringed Ericsson’s eight Standard Essential Patents (SEPs) relating to...
Celebrating World IP Day: thoughts from our Editorial Board
As World Intellectual Property Day approaches on 26 April, we asked our Editorial Board their thoughts on this year's focus: 'IP and the SDGs: Building our common future with innovation and creativity.' Established by the United Nations in 2015, the Sustainable...
USPTO issues guidance on use of AI tools by patent and trademark practitioners
The USPTO recognizes that practitioners are increasingly using AI tools to prepare and prosecute patent and trademark applications. Therefore, to “cabin the risks” arising from the use of AI, on April 11, 2024, the USPTO issued guidance on the use of AI tools....
IP and tourism: navigating a path to success in honor of World IP Day 2024
World IP Day is April 26, 2024, and the theme for this year is “IP and the SDGs (Sustainable Development Goals): Building our common future with innovation and creativity.” One often overlooked topic is IP and its role in sustainable tourism. Understanding the...
USPTO set for new fee structure for 2025
The United States Patent and Trademark Office (USPTO) is poised for a pivotal transformation in its fee structure, slated for fiscal year 2025. This overhaul, far from being a mere procedural update, represents a fundamental shift poised to redefine the landscape of...
EPO broadens ability to protect known ‘substances or compositions’ in medicine
In decision T 1252/20, the European Patent Office (EPO) has broadened the ability to protect known substances or compositions, for use in medicine. In the UK and Europe, patent claims to ‘methods’ are not permitted if the method is surgical, therapeutic, or...
The largest patent prosecution firms in Mexico
The intellectual property scene in Mexico experienced significant growth from 2018 to 2022. According to data from IP Pilot, a total of 89 patent prosecution firms in Mexico handled 72,632 patent filings during this period. Following the pandemic, the market quickly...
PUMA v. EUIPO: Rihanna’s Instagram post invalidates shoe design
Patents are a golden shield not only for the inventors but also for the ever-growing corporate world. However, there is one mistake that many inventors make that could risk their chances of securing a patent. In this article, let's analyze anticipation laws of patents...
PTAB upholds validity of all claims of OpenSesame’s patent
OpenSesame is a leading-edge technology company located in Portland, Oregon. In 2010, it invented and filed a patent application for an unconventional remote learning system titled “Open and Interactive E-Learning System and Method.” After a thorough examination, that...
Key Charpentier/Doudna CRISPR patent upheld by China National Intellectual Property Administration
Patent CN201380038920.6 upheld in response to invalidation challenge Dublin, Ireland, 26 March 2024 – ERS Genomics Limited, which was formed to provide broad access to the foundational CRISPR/Cas9 intellectual property co-owned by Dr Emmanuelle Charpentier, today...
Strengthening IP rights in Georgia, Moldova, and Ukraine to support EU accession
EU4IP, a new EU-funded cooperation project on intellectual property (IP) matters, was launched by the European Union Intellectual Property Office (EUIPO), in partnership with the National Intellectual Property Center of Georgia (Sakpatenti), the State Agency on...
Recent amendments in Indian Patent Rules 2024: enhancing patent procedure and protection
In the dynamic landscape of intellectual property rights, patents stand as pillars of innovation, providing inventors with exclusive rights to their creations. Patents not only incentivize inventors to bring their ideas to fruition but also foster economic growth by...
Report launched into UK’s IP-backed finance landscape
Greater access to IP-backed finance could help firms, especially SMEs, leverage their IP to scale and grow A new report launched in London today finds the UK meets the right conditions to make IP-backed lending to SMEs viable The report – produced by the World...
Watch this space: Apple Watch set for redesign following Masimo patent dispute
As previously reported, in October of 2023, the US International Trade Commission (ITC) ruled that certain pulse oximetry features of the Apple Watch infringed two of Masimo’s patents. Along with the infringement holding, the ITC issued a limited exclusion order,...
The brick-making machine case: doctrine of equivalence in patent infringement cases
This article delves into the intricate legal analysis of the doctrine of equivalence in patent infringement cases, focusing on the recent judgment in Snpc Machines Private Limited v. Mr Vishal Choudhary by the Delhi High Court. The doctrine of equivalence plays a...
The state of incorporation by reference at the Federal Circuit post-Promptu
On February 16, 2024, the Federal Circuit reminded the bar that arguments cannot be incorporated by reference except in narrow circumstances. In a precedential order, the court chastised counsel whose brief had incorporated by reference an argument from a companion...
Proposed “reasonable pricing” march-in factor risks chilling innovation in attempt to leverage Bayh-Dole to lower drug prices
The National Institute of Standards and Technology (NIST) recently published a Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (framework). The framework instructs federal agencies to consider “unreasonable pricing” as a factor in...
Businesses save record amount of corporation tax through Patent Box scheme: £1.4 billion in relief in just a year
Relief could be made more generous to encourage innovation UK companies spending on R&D still lags behind the United States, Germany, and Japan The amount of tax saved by businesses through HMRC’s Patent Box scheme has increased by 23% over the last five years,...
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”...
Banning patents on plants produced by NGTs could damage innovation and jobs in Europe
Biotechnology is one of the key technologies with a significant potential to boost Europe’s competitiveness, whilst providing solutions that contribute to reaching the EU’s sustainability ambitions, according to many including the EU Commission. A new regulation for...
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...
Strategic battlegrounds: Intel’s high stakes IP litigation in the German court
The recent legal skirmish between Intel and R2 Semiconductor in a German court is a call to action for a strategic re-evaluation of how companies manage their most valuable assets: intellectual property (IP). As an IP consultant and inventor of over 100 patents, I...
The EPO’s new fee structure to provide 30% fee discount for small applicants
The European Patent Office (EPO) recently announced a revised fee structure that will allow applicants who are deemed to be 'microenterprises' to receive a 30% reduction on many of the EPO's official fees. The new fee structure intends to promote access to the...
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
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
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...
Delhi Court holds undue delay in passing the final order by the Patent Office is arbitrary
The court opined that this manner of dealing with a patent application was extremely arbitrary and whimsical and when the judgment was reserved on 29 September 2014, there was an obligation on the Hearing Officer to pass orders within a reasonable period. The time of...
UK banks lag US banks in innovation – only 290 patents filed in the last decade
The UK’s biggest banks have filed just a fraction of the patent applications of their American counterparts over the last 10 years, with the top five UK banks collectively applying for just 290 patents while the top 3 US banks collectively applied for 5,027, says...
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...
Novartis v. Natco Pharma Limited: pre-grant opponents in patent examination process
Patent law is characterized by a delicate balance between fostering innovation and ensuring that patents are granted on meritorious grounds. Central to this balance is the mechanism of pre-grant opposition, designed to facilitate a rigorous examination of patent...
Embracing DOCX and enabling AI: the future of patent filings at the USPTO in 2024
After several, long delays, the United States Patent and Trademark Office (USPTO) seems to be finally moving forward with implementing the DOCX format requirement for certain patent applications. In its effort to modernize and streamline its systems, the USPTO is...
Thaler v. Comptroller: the UKSC rules that AI cannot be an ‘inventor’
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the...
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 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
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
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?
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...
Test case on public access to evidence in Unified Patent Court to be heard in February 2024
Recent UPC decisions have prevented the public from seeing court evidence The outcome of a test case challenging these decisions is expected in early 2024. The Unified Patent Court (UPC) has scheduled a hearing in a key test case on public access to evidence for...
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
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...
16-year-old inventor awarded Irish Patent Certificate for her system for detecting moving objects for use by visually impaired people
Convention Centre, Dublin, December 7, 2023 – Today marks a milestone as Maura Moore-McCune, a remarkable 16-year-old innovator, has been presented with her Patent Certificate for her Irish Patent relating to her invention of a “System for detecting moving objects for...
New Year’s hangover: taking action now to avoid the 2024 Canadian IP Office fee spike
Most Canadian IP Office (CIPO) fees are going up ~25% on Jan 1, 2024, so there are savings to be had if applicants want to move any 2024 actions into 2023. For example, consider taking action on new filings, renewal fees, requests for examination, and any grant fees....
Another BPCIA patent case resolved through settlement: Genentech v. Biogen
In a recent legal matter, Genentech, Inc., Hoffmann-La Roche, Inc., and Chugai Pharmaceutical Co., Ltd. ("Genentech") have officially reached a settlement agreement in a patent dispute related to the Tocilizumab drug (Case No.: 1:23-CV-11573) with Biogen MA Inc. and...