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IP Cases & Articles
Temporal limitations of the UPC: XSYS v Esko
The Unified Patent Court (UPC) Court of Appeal has answered questions relating to its jurisdiction before entry into force of the Agreement on a Unified Patent Court (UPCA) and after an opt-out but before withdrawal of the opt-out. -
IP Cases & Articles
Patent landscape in the agrifood sector: innovation trends and insights
As the global population rises and climate change impacts how and where we grow food, innovation in agriculture and food production has never been more important. A patent landscape report from the World Intellectual Property Organisation (WIPO) shines a spotlight on innovation trends in the rapidly evolving sector, offering valuable… -
IP Cases & Articles
Permissibility of new arguments and facts during proceedings: comparing EPO and UPC practice
For patentees and opponents alike, the ability to put forward new arguments is a valuable element of any opposition or appeal action at the European Patent Office (EPO), or during infringement and validity proceedings at the Unified Patent Court (UPC). -
IP Cases & Articles
Claim interpretation: emerging trends on what consulting the description/drawings in G 1/24 may mean
Decisions applying the ruling of G1/24 are now being issued. In this article, we review some of these decisions and highlight the emerging trends which provide useful guidance on consulting the description/drawings for claim interpretation. -
IP Cases & Articles
Sufficiency of antibody claims defined by discontinuous epitopes: T0435/20 & T0326/22
The European Patent Office (EPO) Boards of Appeal have recently issued two contrasting decisions (T0435/20 & T0326/22), examining the relevant factors for the sufficiency of claims directed to antibodies which are defined by discontinuous epitopes. -
IP Cases & Articles
First UPC injunction covering the UK: Fujifilm v Kodak
In Fujifilm v Kodak (UPC_CFI_365/2023) the Mannheim Local Division of the Unified Patent Court (UPC) granted a permanent injunction covering the UK (a non-member state of the UPC), confirming that the UPC has jurisdiction to decide upon infringement of the UK part of a European patent (when the defendant is… -
IP Cases & Articles
Hot chips! Will patents become more important in the semiconductor industry?
The excitement surrounding today’s most innovative AI tools is increasingly putting a spotlight on some of the key players in the semiconductor industry who create the technology required to run these tools. For example, the enormous levels of computing power required to train large language models (LLMs) such as ChatGPT… -
IP Cases & Articles
AI in agritech: protecting innovation in a growing sector
Artificial intelligence is reshaping the agricultural landscape. From early disease detection to waste reduction, AI is enabling more sustainable and efficient food production at every stage of the supply chain. As these technologies become more sophisticated, strong patent protection will be crucial in helping innovators secure their position in this… -
IP Cases & Articles
From space-grade plastics to foaming polymers: the next generation of 3D printing materials
In recent years, the popularity of fused deposition modelling (FDM, also known as fused filament fabrication, FFF) 3D printing has boomed. Much focus has been placed on the rapid pace of development of FDM machines themselves, with features such as automatic bed levelling, CoreXY kinematics, multi-material systems, and more recently… -
IP Cases & Articles
Lessons in clarity and precision from Thom Browne and Babek: what qualifies as a registrable trade mark?
In two judgments, issued on the same day, the UK Court of Appeal set out the lay of the land for the registrability of trade marks and the requirements for clarity and precision when drafting trade mark descriptions.
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