The Patent Lawyer

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...

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...

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,...

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”...

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...

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...

Nearly 40% of companies litigated were within two years of announcing their IPO; 52% of companies sued had less than $25 million in annual revenue A HighTech-Solutions (HTS) study, commissioned by the international, non-profit patent licensing platform LOT...

“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...

The Intellectual Property Office has recently issued its annual report for the year 2021-2022. Our post covers some key aspects. The fee concessions & provisions for the expedited examination have been given to specific categories of applicants, including...

73% of global patent application publications in 2021/22 were Chinese in origin UK lags behind other nations with only three patent applications published in the last year There have been a record 411 global patent applications for carbon capture and storage...

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...

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...

Patent applications at the European Patent Office (EPO) up 2.5% despite global uncertainties Record demand for patents reflects attractiveness of European market Digital and clean-energy technologies on the rise China and US are main engines of growth in patent...

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...

Defendants in patent infringement cases filed in the United States by non-practicing entities (commonly known as “patent trolls”) typically move to dismiss such cases pursuant to Federal Rule of Civil Procedure 12 on patent eligibility grounds.  The recent decision...

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...

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...

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...

69,000 patents related to semiconductors were filed in the 2021/22 55% of global patents in 2021/22 were Chinese in origin  UK lags behind other nations with just 0.26% of patents filed in the last year There have been a record 69,190 global patents for semiconductors...

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...

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...

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...

After much inter-jurisdictional wrangling and several administrative false starts, we now have legal certainty that the new Unitary Patent (UP) and Unified Patent Court (UPC) regime will take effect on 1 June 2023. This has been caused by ratification by the German...

Jump Rope Sys., LLC v. Coulter Ventures, LLC is being closely watched by legal experts and inventors with similar patent infringement cases LOUISVILLE, CO – Feb. 7, 2023 – The U.S. Supreme Court will consider this month whether to hear a case brought by five-time...

Patents are advanced intellectual property that establish the abilities and prospective future of a nation. The evolution of the Patent Law regime in India has been driven by a number of factors, including changes in technology, economic developments, and the global...

HGF are pleased to announce its office relocation in Dublin and the opening of a new office in Belfast. Both offices opened their doors on Wednesday 1st February to accommodate new growth within the business. The move is part of a strategic business plan, as HGF...

The US leads all other countries with almost half (45%) of all cybersecurity patent applications since 2000 Asia is home to four of the ten countries with the most cybersecurity patent application submissions; China, India, Republic of Korea and Japan Patents...

On 5th January 2023, Amazon was hit with its first patent lawsuit (3:23-cv-00057) of this year by BSD Crown Ltd., formerly known as Emblaze (2001-2014) and GEO Interactive Media Group (1995-2001). Currently, BSD Crown is involved in Food Retail Industry, but the...

Agreement covers Nokia’s fundamental inventions in 5G and other technologies Samsung to make royalty payments to Nokia for a multi-year period Previous agreement expired at the end of 2022 Espoo, Finland – Nokia announced last month it has signed a new cross-license...

There has been a rush of excitement in recent weeks for OpenAI’s chatbot, ChatGPT. It’s hard not to share in the excitement, when one can ask a question as unusual as “write me a poem about patents in the style of Shakespeare” and receive a coherent and original reply...

Savings accounts, payments and loans play a key role in the economic and social welfare of individuals and countries. Amongst other things, they provide financial inclusion, higher chances of overcoming financial challenges, an opportunity to create a business or to...

LawCare, the mental health charity for legal professionals in the UK, today released new support statistics and its impact report LawCare's 2022 impact report shows that nearly a quarter (22%) of people contacting LawCare for support were primarily concerned about...

Since its discovery in 2004, and the subsequent Nobel Prize in 2010, graphene has been one of this generation’s most talked-about advances in the material sciences.  It has been touted as a ‘cure all’ for problems in nearly every technological sector, and (perhaps...

On January 11, 2023, the US International Trade Commission (ITC) has issued a ruling that Apple Inc. goes against Section 337 of the Tariff Act of 1930 as amended, 19 U.S.C. § 1337, by importing and selling certain Apple Watches with light-based pulse oximetry...

The waiver debate over Covid 19 treatment is again in focus as countries and health systems brace up for another variant that threatens to wreak havoc over lives and livelihoods. The need to share COVID-19-related IP remains urgent, considering that two years into the...

New York, New York—January 11, 2023—The International Trademark Association (INTA) has officially opened registration for the 2023 Annual Meeting Live+. The gathering will be the Association’s 145th Annual Meeting, featuring an in-person event at Singapore’s renowned...

Industry representatives call for collaborative effort to redress the gender imbalance Hong Kong, 12 January 2023 – Mayer Brown and Women In Law Hong Kong (WILHK) today announced the findings of a joint survey aimed at exploring gender biases in Hong Kong's legal...

VLSI Technology LLC has agreed to dismiss all claims against Intel Corporation in a patent case before the Delaware District Court in the US. The two companies made a joint filing on 27 December outlining their intentions to abandon the action. As well as agreeing to...

Unused or unloved intellectual property assets We are all familiar with selling unwanted items on eBay, Vinted, Facebook Marketplace….. Sometimes it is for housecleaning or clearing, and sometimes to get rid of the old and even tired. Surprising who wants to buy that...

The U.S. Court of Appeals for the Federal Circuit, also known as CAFC, rejected a writ of mandamus petition asking the Delaware district court to cancel an order to submit specific legal papers to ensure compliance with Chief Judge Connolly's standing orders on...

The Unified Patent Court (UPC) – which is expected to launch in April 2023 – will have jurisdiction not only for patent litigation, but also for litigation involving supplementary protection certificates (SPCs) issued for medicinal products and plant protection...

OpenAI’s latest chatbot, ChatGPT, undoubtedly produces some seriously impressive results. Indeed, it’s often difficult to tell, at first glance, that the text was generated using a chatbot. However, the internet (and particularly my LinkedIn feed) has been awash over...

Businesses must now apply for protection for designs separately under UK and EU systems Failure to protect design rights could see businesses miss out on growth opportunities The number of applications made to the Intellectual Property Office to protect product design...

New report from Mewburn Ellis A report released by IP firm Mewburn Ellis on patent litigation trends in England and Wales, has found that less than five percent of patent claims filed in court reach trial. The report examines data collected between 1 January 2020 and...

Short response deadlines mean alleged infringers may have less time to prepare defense The rules of the new Unified Patent Court (UPC) may well tilt the playing field in favor of ‘patent trolls’, by increasing the difficulties in defending intellectual property...

Legal news The reform of the intellectual property industry in Ukraine has reached its final stage. The Government of Ukraine continues the implementation of new requirements of Ukrainian legislation in the field of intellectual property to harmonize national...

The new Unified Patent Court (UPC)could lead to UK businesses losing control of their patents across Europe unless they take action now to opt out of the new system, says Mathys & Squire, the leading intellectual property law firm. The UPC is a new court which...

For the first time, a White Paper has been published that reveals the attributes, qualities, and competencies that every General Counsel should possess. The research was carried out by market-leading executive search consultancy Laurence Simons, a team of experts with...

In the ongoing complex litigation between Optis Cellular Technology LLC and Apple Inc., the Court of Appeal ([2022] EWCA Civ 1411) has upheld the High Court’s findings that implementers of standard-essential patents (SEPs) cannot refuse to accept a FRAND license and...

There is a gender gap in patent law.  We’ve known for a long time that women are underrepresented in science, technology, engineering and medicine (STEM).  In the USA over half of PhDs are awarded to women, and yet STEM remains male-dominated. Women for only 30% of...

Daniel Chew, Partner and Head of Asia Group at HLK and one of the profession’s top mobile and telecoms experts, has been elected as the first Asian President of The Chartered Institute of Patent Attorneys (CIPA). Daniel was elected at the Institute’s 140th Annual...

The UK government has published its annual report on the work of the Intellectual Property Office (IPO) and the role it plays in driving innovation and growth in the UK. In particular, the report identifies the UK as a leading innovator in key areas of green...

Washington, D.C. — Blank Rome LLP is pleased to announce that Paul Zeineddin has joined the firm as partner and co-chair of the Intellectual Property Litigation practice group in the Washington, D.C., office. A trial attorney with over 20 years of experience, Paul...

As World Mental Health Day falls on the 10th day of the 10th month here are 10 reasons why you might consider reaching out to legal mental health charity LawCare for support. Everyone you'll speak to on the phone, email or online chat either works in, or has worked in...

The USPTO is a unique government organization in that its size is something that is not an issue of partisan contention.  The purpose of the patent side of the USPTO – to encourage innovation – is generally encouraged by both sides of the aisle.  Public debate...

This article will look at a couple of key aspects of the newest Canadian Patent Rules that have caught the attention of patent filers. Many applicants are currently taking immediate action to avoid the new rules and get grandfathered under the current rules.  As...

Under EPO practice, an application is most often filed in one of its official languages – English, French and German.  If filed in another language of an EPC-contracting state, a translation of the specification into one of the three EPO official languages must be...

China leads global efforts to dominate drone market, accounting for two-thirds of patents Patents granted for drones worldwide have increased by 39% to 4,876 in the past year*, shows new research by leading intellectual property law firm Mathys & Squire. The...

Learn more about how to improve the culture in the law and how to make your legal organisation a happy and healthy place to work Legal mental health charity LawCare has announced the full line up of speakers for its online conference ‘Building a Better Life in the...

We are witnessing the most substantial changes in European patent law since its inception. As announced, the European patent with unitary effect will soon become operational, and with it the Unified Patent Court (UPC) will be launched. The establishment of an...

Introduction The recent High Court of Australia decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 considered the patentability of a computer-implemented invention relevant to electronic gaming machines. The High Court’s...

An invalidity challenge to a claim may not rely upon an erroneous portion of a prior art disclosure if the error would have been apparent to one of ordinary skill in the art.[1]  This article examines the current state of the law on determining whether an error in a...

The Court of Appeals for the Federal Circuit has backed the District Court for the Eastern District of Virginia's finding that an artificial intelligence (AI) system cannot be named as the inventor of a patent. The Federal Circuit decision follows a growing consensus...

Background Nine years after the signing of the Agreement on a Unified Patent Court, the new Unitary Patent (UP) and single Unified Patent Court (UPC) are nearly a reality. All that is needed is for Germany to deposit its instrument of ratification of the UPC Agreement...

The story started back in 2019. At that time, SUGEN, INC. and PHARMACIA & UPJOHN COMPANY Pharmacia Upjohn sued Nativa, a Russian company, The Ministry of Health of the Russian Federation and Oleg Mikhaylov, the third person closely associated with Nativa against...

Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO. T3000/19 concerns an appeal from the examining division who had refused an application based on a video found on the...

A record 2,149 patents for plastic recycling were filed last year, up 7% from 2021 and an eightfold increase since 2016, says Mathys & Squire, the intellectual property firm. Mathys & Squire says the plastic recycling industry is competing to develop...

LOT Network Inc. with Amazon, Cruise, The Walt Disney Company, Google, Meta, and Microsoft have partnered to form a new initiative called Advancing Diversity Across Patent Teams (ADAPT) to address diversity, equity, and inclusion (DEI) issues in the IP industry by...

The recently published response of the UK government to a consultation on the interface between artificial intelligence (“AI”) and intellectual property law demonstrates the importance that is attached to this area of technology in driving innovation and economic...

The European Patent Office Board of Appeal (EPO BoA) has confirmed that an artificial intelligence (AI) system cannot be named as an inventor on a patent application.  While the decision was issued in December 2021, the written reasoning has only just been published....

Unified Patent Court is biggest step forward in European intellectual property enforcement in 50 years New system will should save UK businesses looking to protect their IP in Europe thousands in fees Europe’s new one-stop shop for IP enforcement – the Unified Patent...

On 17 June 2022, World Trade Organization members agreed on a patent waiver for developing countries (the Eligible Members)[1]. The patent waiver allows Eligible Members to waive patent rights without the patent-holder’s consent.  It applies to patents needed for the...

A worldwide agreement on protection of inventions made by Artificial Intelligence is essential to address the threats posed by AI to the patent system, argue two academics at the University of New South Wales in Australia in a recent article[1] published in Nature....

Artificial Intelligence (AI) has the potential to transform many aspects of life and the UK government has recognized that it is important to review IP laws to ensure that they evolve and promote innovation in this fast-paced area of technology. That was the...

IP firm advises the company behind the Spéirling electric hypercar which has just beaten the Goodwood Hillclimb record European IP firm Mewburn Ellis has advised British company McMurtry Automotive (“McMurtry”) on the patents behind the record-breaking Spéirling...

No doubt that before commencing the full-scale war against Ukraine Russian leadership had considered tons of possible scenarios for the war development. Inter alia, they could reasonably expect numerous economic sanctions, restrictions, and heavy isolation from the...

Innventure has established a new company, Accelsius, to commercialize Nokia’s groundbreaking cooling technology for critical electronic equipment. The technology offers high-performance, energy efficient cooling. Accelsius has acquired the rights to the technology...

Cedar White Bradley is pleased to congratulate Calvin Cheng on establishing the first fully-regulated NFT investment holding company in Dubai. Supported by CWB Partner, Cameron Crawford, Calvin Cheng Web3 Holdings will invest in projects that integrate blockchain tech...

Lex Machina, a LexisNexis company, has released its annual Patent Litigation Report. The report examines patent litigation trends in federal district and appellate courts, as well as the Patent Trial and Appeal Board (PTAB). It focuses on the three-year period from...

New survey reveals how burnout is impacting day-to-day work in law firms and legal departments. Highlighting the real causes of Law's Great Resignation. Legatics, developers of the leading legal transaction management platform, today announced the findings of a new...

Legal mental health charity LawCare has extended its online chat service for legal professionals from one to four days a week. The charity, which offers free, confidential, emotional support to anyone working in the law, has been operating a helpline and peer support...

We all know the phrases ‘a problem shared is a problem halved’ or ‘it’s good to talk’ but the benefits in talking about how you are feeling go far beyond this. When we are in a difficult situation we lose our problem-solving abilities, it can be impossible to focus...

Humans are hard-wired to connect - we are tribal and social animals. We are biologically programmed to need other humans, and a feeling of belonging and connection drives our happiness. Despite this many of us will know what it’s like to be lonely, especially after...

Anaqua, the leading provider of innovation and intellectual property management technology, has announced the addition of the Rowan Patents® module to its next-generation docketing platform PATTSY WAVE®. The Anaqua-Rowan collaboration will enable PATTSY WAVE users in...

This year, World IP Day focuses on “IP and Youth: Innovation for a Better Future”. In a post-COVID-19 era driven by the growth and encompassment of technology, many aspects of innovation are changing. To mark the occasion, we asked our editorial board to reflect on...

Anaqua, the leading provider of innovation and intellectual property management technology, has announced plans for the release of its new automated information disclosure solution as part of its AQX IP management offering for corporations and law firms. The new...

On 29 March 2022, the Court of Appeal handed down judgment in relation to appeals made by the Claimants (Neurim and Flynn) on two issues. Overturning Marcus Smith J’s decisions, the Court of Appeal, led by Arnold LJ, found (1) Flynn an “exclusive licensee”, and (2)...

Cybin Inc. (NEO:CYBN) (NYSE American:CYBN), a biopharmaceutical company focused on progressing “Psychedelics to Therapeutics™”, has announced that the World Intellectual Property Organization (WIPO) published an international patent application covering a range of...

The last couple of months have seen a number of publications alleging that protection of intellectual property in Russia does not exist any longer. This is not true and interested persons may be referred to several of our publications describing the real run of things...

Anaqua localizes next generation data management tool to help European IP professionals enhance operational efficiency    Anaqua, the leading provider of innovation and intellectual property management technology, has announced the expansion of its next generation...

The volume of patent applications filed by UK businesses in Europe fell slightly for the second year in a row in 2021, in part due to a pandemic-related hangover in R&D activity affecting some industry sectors, according to fresh data published by the European...

LOT Network announces its new patent sale marketplace and releases a detailed report on the 3.5+ million patent assets within the community LOT Network Inc. the largest and fastest-growing international community of companies protecting against costly litigation...

The National Board of Trial Advocacy (NBTA) is offering national board certification in Patent Litigation this Spring. To receive certification, an attorney must complete an application and pass an examination. Those interested may choose to take the exam, prior to...

Open Invention Network (OIN) is the largest patent non-aggression community in history. It was formed to safeguard open source software form patent aggressors. It is financially backed by Google, IBM / Red Hat, NEC, Philips, Sony, SUSE and Toyota. A. P. Møller – Mærsk...

Because of the current situation with Ukraine the media publish much information regarding intellectual property that is often incorrect or outright false. This may be understood because any important event may send waves throughout the media and people may express...

Three Associates Also Join the Research Triangle’s Largest Law Firm Smith Anderson, the largest law firm headquartered in the Research Triangle region of North Carolina, announced that it has hired accomplished intellectual property attorney Kelsey Nix, who will join...

Foley & Lardner LLP is pleased to share that the firm recently secured a patent on behalf of a group of students from Wisconsin. Providing counsel to the students on a pro bono basis, Foley helped them secure a patent for their award-winning invention that helps...

Europe’s leading car maker extends existing relationship with Avanci to cover 4G essential patents DALLAS Avanci has announced that Volkswagen AG has expanded its existing relationship with the Avanci one-stop licensing marketplace to include 4G standard essential...

Open Invention Network was a significant innovation in the intellectual property (IP) realm. It was formed to create a community where core, building block innovations in software, particularly Linux and other key projects, could be shared. The organization was also...

Sanctions. The word we hear the most these days. The target is only one: Russia. Due to the unjustified invasion of Ukraine and all the devastation caused to the country and its people. United States, Canada, the 27 European Union member states, the UK, Montenegro,...

On March 1st, the call from the United Kingdom Intellectual Property Office (UKIPO) for views on Standard Essential Patents (SEPs) came to a close.  Under this process UKIPO invited opinions from those involved in technology sectors on how SEPs should be dealt with in...

Costa Rica Patent Law and Regulation, as well as the Examination Guideline provide that amendments to patent claims can be made at any time before the substantive examination begins or after the issuance of the substantive examination in a one-month period. Further,...

On February 5, 2022, the Chinese government deposited its instrument of accession to the Geneva text of the Hague Agreement (1999) with the director general of the WIPO, thus becoming the Eighth Party to the 1999 text and the 77th member state of the Hague Union. The...

The domain of intellectual property rights is dynamic and constantly changing. With respect to patents, there have been technological advancements that have led to various developments with patents acquiring their status as green tech patents, sports tech patents,...

A range of experts are providing their first-hand insights into a variety of career alternatives to private practice at a CIPA webinar on the 15th March. Ranging from in-house counsel to independent consultant and running your own firm, the purpose of this online...