The Patent Lawyer
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How generative AI is forcing a rethink on obviousness
Generative AI burst into public consciousness at the end of 2022, and by January 2023, ChatGPT—one of the most popular large language models—amassed over 100 million users, becoming the fastest-growing app ever. Since then, much of the focus for intellectual property...
Artificial intelligence at the EUIPO
AI governance Artificial intelligence (AI) is at the core of the European Union Intellectual Property Office's (EUIPO) vision. Its approach to AI is human-centric, rooted in the needs and priorities of the staff, ensuring that AI serves as a helpful tool to support...
Public interest prevails: Roche denied injunction in patent dispute
F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case at the Delhi High Court against Natco Pharma Limited (Natco). The claim of Roche was based on infringement of its patent for a compound Risdiplam marketed under the brand name EVRYSDI® used in the...
UK Government responds to the AI Action Plan
In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...
Nike v. Lululemon: a landmark patent battle in the footwear industry
The ongoing legal battle between Nike and Lululemon has become a focal point in the sportswear industry, highlighting the increasing importance of intellectual property (IP) protection in a highly competitive market. The case, which began in January 2023, centers...
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...
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