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IP Cases & Articles
Good service at the UPC: service of claims
In order to initiate a legal action within the Unified Patent Court (UPC), a statement of claim must be served on the defendant. Effective service is extremely important for many reasons: various deadlines in the UPC are calculated from the date of service. For example, during an infringement action the… -
IP Cases & Articles
Claim interpretation: more clarity on claim construction at the UPC
Since the Court of Appeal’s decisions on claim interpretation in March and May 2024, Unified Patent Court (UPC) judges at all levels have applied the those decisions to shape the way claim interpretation is applied at the UPC. This article highlights the approaches taken in two recent decisions. -
IP Cases & Articles
Inventive step at the UPC: two years on
Assessment of inventive step at the Unified Patent Court (UPC) has included a mix of the problem-solution approach from the European Patent Office (EPO), the approach applied by the German Federal Court of Justice, and a smattering of national patent court assessments sprinkled in for good measure. -
IP Cases & Articles
Agritech innovation: how IP is cultivating the farms of the future
With the latest season of “Clarkson’s Farm” streaming on Amazon Prime, modern agriculture has once again captured the public’s imagination. But beyond the entertainment lies a serious shift: farming today is undergoing a technological revolution. As patent attorneys, it’s worth taking stock of where the innovation is happening, who’s leading… -
IP Cases & Articles
The engine of precision farming: AI and agritech at the EPO
Precision farming is a rapidly growing area of technology likely to prove increasingly critical for a world needing to feed more people, more sustainably, and with fewer resources. It uses technology to precisely measure and respond to environmental conditions at a highly localised level, thereby enabling inputs such as water,… -
IP Cases & Articles
EUIPOs study on GenAI and copyright
On 12 May 2025, the European Union Intellectual Property Office (EUIPO) released a detailed report analysing how generative AI (GenAI) impacts EU copyright law (the study). The study focuses on three main areas: the use of copyrighted content as training data by GenAI models (GenAI input), the legal status of… -
IP Cases & Articles
G 1/24 confirms the description and drawings should always be consulted when interpreting claims
The eagerly awaited European Patent Office (EPO) decision G 1/24 has finally issued and provides much needed clarity on the principles of claim interpretation. -
IP Cases & Articles
PAN 1/25: change to UKIPO trade mark specification practice following SkyKick
The UK Intellectual Property Office (UKIPO) has issued new guidance covering the examination of UK trade marks following the Supreme Court judgment in SkyKick UK Ltd and Anor v Sky Ltd and Ors ([2024] UKSC 36) (SkyKick). Practice Amendment Notice 1/25 (PAN 1/25), effective immediately, means examiners will proactively consider… -
IP Cases & Articles
Exhaustion of IP after Brexit: clarity from UK Government in response to consultation
Following the UK’s departure from the EU, the UK ceased to be bound by the EU’s rules on intellectual property exhaustion. Instead, the UK has adopted the UK+ scheme, as follows: -
IP Cases & Articles
Inherent distinctiveness and signs depicting products: norms and customs test insufficient in itself
This ex partes decision concerns the refusal of a figurative trade mark depicting a product (the lid of a lip mask), namely (UK) international registration no.WO0000001789520 (see below) filed in relation to goods such as lip balm and cosmetics (the application). The application was refused on the basis that it…
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