IP Cases & Articles
How to mitigate the risk of central revocation: want to avoid committing to a unitary patent? Here’s how to say “it’s not UPC, it’s me”
The Unified Patent Court (UPC) can be a valuable tool for patent proprietors. A shiny new unitary patent, unlike a classic European patent granted by the European Patent Office (EPO), provides uniform protection rather than a collection of national patent…
Patenting trends in generative AI: LLMs, filings and the race for protection
Generative AI (GenAI) is an artificial intelligence technique used to create original content. It involves training a model on a very large dataset, which is then queried to generate new content by identifying patterns in the source material. Such models…
Space-based quantum key distribution: patenting secure communications
Quantum key distribution (QKD) is one of the most promising approaches to secure communications, providing assurance that no-one has been listening in. Fibre-optic cables are generally unsuited for QKD over long distances, however, satellite relay provides a potential solution and…
The threshold of synergy: when a combination becomes more than a mere aggregation before the UPC
Two recent decisions from the Unified Patent Court (UPC), Promosome v BioNTech/Pfizer and Maxell v Samsung, shed light on how the UPC evaluates the inventive step of claims containing multiple distinguishing features. While the UPC has not expressly adopted the…
UK High Court refines “product” meaning: distinction between a medicinal product and the “product” for SPC protection
Accord v Novartis provides important guidance on the distinction between the medicinal product that receives regulatory approval and the “product” for which supplementary protection certificate (SPC) protection is available before the UK Courts.
UK High Court confirms prodrugs qualify for SPC protection: prodrugs recognised as active ingredients
Aristo v Takeda provides important guidance on identifying the “active ingredient” of a medicinal product and the significance of its regulatory classification in the context of SPC protection in the UK.
UK Government outlines SEP reform plans: targeted changes aim to streamline licensing
The UK Government has published its response to the July 2025 consultation on standard essential patents (SEPs), setting out the measures it intends to take forward to make SEP licensing clearer, more accessible and more efficient. The response follows the…
IPEC insights: FLOWERBX v FLOWERS BOX - IPEC gives low distinctive mark some flower power in successful trade mark infringement claim
The Intellectual Property Enterprise Court (IPEC) handed down its judgment concerning the validity of the mark FLOWERBX, which was protected in relation to flowers and retail services in relation to flowers, and its infringement by the use of the sign…
IPEC insights: Automobile Club de l’Ouest v Omologato Ltd – court brings free-riding on LE MANS watches to a screeching halt
In Automobile Club de L’Ouest (ACO) v Omologato Ltd, the Intellectual Property Enterprise Court (IPEC) found that uses of LE MANS, LM and LMR by a watch manufacturer infringed the claimant’s class 14 marks under sections 10(1), 10(2) and 10(3)…
Gaming patents in the digital distribution age
Recent reports that next-generation consoles may abandon disc drives have caused significant online discussion in the gaming world, with players divided on whether this is a positive development. This includes Sony’s announcement that “physical game disc production for all new…
AliExpress fined record €550 million for Digital Services Act breach
The European Commission has fined AliExpress €550 million for breaching the Digital Services Act (DSA), the largest penalty issued under the regulation to date. The e-commerce platform failed to properly police illegal, unsafe and counterfeit goods.
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