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IP Cases & Articles
G 2/21 and the admittance of post-filed data for inventive step: T 1989/19 & T 1847/23 and reliance on common general knowledge
In G 2/21, the Enlarged Board of Appeal of the European Patent Office (EPO) held that a patent proprietor may rely upon a technical effect for inventive step if the skilled person, having the common general knowledge in mind, would derive said effect as being encompassed by the technical teaching… -
IP Cases & Articles
Ona Patents v Google: UPC places strong emphasis on procedural economy and a front-loaded approach
The Unified Patent Court (UPC)’s Düsseldorf Local Division has dismissed a direct infringement claim brought by Ona Patents against Google Ireland Ltd and Google Commerce Ltd (“Google” collectively) in respect of the French and German parts of EP2263098 , while also dismissing Google’s counterclaim for revocation. -
IP Cases & Articles
Product-by-process claims at the UPC: lessons from Dsseldorf
A decision (ORD_68984/2024) from the Düsseldorf Local Division of the Unified Patent Court (UPC) provides useful guidance on how product-by-process claims are interpreted in litigation. The case concerned alleged infringement of EP3356109 B1, which relates to structural components used in vehicle frames. -
IP Cases & Articles
Article 3(d) of the SPC regulation: CJEU referral questions meaning of first authorisation
The German Federal Patent Court has referred to the Court of Justice of the European Union (CJEU) a question on the interpretation of Article 3(d) of the SPC Regulation, asking whether a marketing authorisation in respect of a veterinary medicinal product can be considered the “first authorisation” to place that… -
IP Cases & Articles
Unified Patent Court: indirect infringement and preliminary injunctions
Two recent cases from the Munich Local Division of the Unified Patent Court (UPC) relate to indirect infringement, leading to the grant of a preliminary injunction. An interesting contrast can be seen in the extent of these injunctions, which varied depending on the case facts. -
IP Cases & Articles
UPC preliminary measures: no shift in burden of proof when defendant asserts EPO incorrectly construed claims
Preliminary measures, such as injunctions and seizure of goods, covering all of the Unified Patent Court (UPC) participating member states are a powerful tool for patentees. In UPC_CFI_723/2025, the court looked at where the burden of proof lies when a defendant to an application for preliminary measures does not agree… -
IP Cases & Articles
Protecting your after-market. Part 3: plug and socket inventions
In the first two articles in this series, we discussed strategies for the protection of consumables and spare parts; in this final article, we look at protecting systems where an invention arises from the interaction or interdependence between separate parts, known as “plug and socket” inventions. -
IP Cases & Articles
AI output and copyright infringement: protection regarding an AI-generated image of real photograph (Underwater Dog)
An AI-generated image based on a real photograph as a model does not automatically constitute copyright infringement (decision of 02 April 2026, I-20 W2/26, OLG Düsseldorf). The court also clarified the requirements an AI-generated image must meet to enjoy copyright protection itself. -
IP Cases & Articles
UK Government announces femtech funding, innovation catalyst and business support
On Thursday 16 April 2026 the UK Government unveiled a refreshed Women’s Health Strategy. Much of this focuses on improving women’s access to healthcare and embedding women’s voices within NHS care, but the announcement also included a £1.5 million femtech challenge fund. -
IP Cases & Articles
Lighting the way to quantum advantage: key IP considerations for photonics
In recent years, the field of photonics has grown from a scientific field of study to a core enabling technology in the quantum ecosystem. This article looks at the wide-ranging applications of photonics and some important intellectual property considerations when patenting technology in this area.
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