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A top 100 global innovators deep dive into the medical and biotechnology sector
Clarivate shares its latest report, A Top 100 Global Innovators Deep Dive into the Medical and Biotechnology Sector. The report provides a deep dive into the Medtech sector within the data behind the Clarivate Top 100 Global Innovators™ 2024 report and uncovers the...
USPTO withdraws proposed changes to terminal disclaimer requirements
The United States Patent and Trademark Office (USPTO) has withdrawn its proposed rule to amend terminal disclaimer requirements to address non-statutory double patenting. Originally published in the Federal Register on May 10, 2024, the proposed rule sought to ensure...
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...
Through the letterbox injunction awarded in registered design dispute Barber v. Wakefield
In a succinctly reasoned 10 pages of judgment, His Honour Judge Hacon has dismissed a claim for registered design infringement about a tool for getting a key through a letterbox and up to the lock on the inside of a door. Judge Hacon's analysis in Barber v. Wakefield...
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...
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...
Delhi High Court highlights business methods exclusions need to be reconsidered
The Delhi High Court, in a recent order, while dealing with an appeal by OPENTV INC for refusal of its patent (by the Indian Patent Office), highlighted the need to revisit the blanket exclusions set out in section 3(k) in relation to “business methods.” The Court...
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...
Is the European Artificial Intelligence Act going to become the de-facto global regime for artificial intelligence?
11 May 2023 marked the day the European Parliament's Committees gave the green light to the proposed European Artificial Intelligence Act (“EU AI Act”). It is now scheduled for a final debate in Parliament on 13 June 2023. Some members of European Parliament are...
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;...
Number of UK “Green Channel” patents falls by 47% within the last year
The fall in patent applications indicates the need for a better system to stimulate green technology Reduction of patent fees likely to increase eco-friendly inventions The number of “Green Channel” patent applications in the UK has fallen by 47% within the last year,...
IPO published transformation document: new patents service – one year to go
The new service will see the process of applying for a patent dramatically transformed over the next 12 months. Today, the IPO has published a transformation document which sets out what patents customers can expect over the next 12 months, and details of upcoming...
Unified Patent Court: continued preparations for its imminent launch
The implementation roadmap for the Unified Patent Court (UPC) was released in October 2022 by the UPC Preparatory team. The roadmap displays the key activities and milestones for the UPC in the lead up to its scheduled launch on June 1, 2023. One of those major...
Evergreening of patents: an elixir of life for pharmaceutical companies
“Mindless habitual behaviour is the enemy of innovation.”- Rosabeth Moss Kanter Grant of a patent is a monopoly right given exclusively to an inventor for a limited period of time. Such an invention should be new, non- obvious, and a useful product or process. In the...
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