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IP Cases & Articles
Inventive step at the UPC: Court of Appeal sets definitive test
The Court of Appeal has adopted a holistic assessment of inventive step and has moved away from the EPO’s problem solution approach. -
IP Cases & Articles
Protecting your after-market. Part 1: consumables
In many industries a manufacturer’s device serves to create a market for a consumable of that device, and often (for example, in the case of printers) this is the main source of profit, to the extent that the device itself may be sold as a loss-leader. Consequently it is desirable… -
IP Cases & Articles
Is the appetite for green technology waning? Insights from worldwide patent office statistics
On 18 April 2025 the United States Patent and Trademark Office (USPTO) formally terminated its Climate Change Mitigation Pilot program, with the Trump administration also cancelling billions of dollars of funding into green projects. Does this mark a turning point in the global landscape or is the USA an outlier? -
IP Cases & Articles
EPO practice & procedure: acceptance of colour drawings in EPO applications
From 01 October 2025, the European Patent Office (EPO) accepts colour or greyscale drawings in all electronically filed European patent applications. -
IP Cases & Articles
Second non-medical use claims: guidance on using relative improvement features
T2387/22 contains useful insights into the clarity of “relative improvement” features in second non-medical use claims at the European Patent Office (EPO) and provides some practical guidance on drafting such claims. -
IP Cases & Articles
From supplements to SANDOKAN: a snapshot of bad faith across the UK and EU
Bad faith continues to evolve and influence trade mark prosecution strategy across the UK and EU. Two recent decisions, one from the UKIPO and one from the EU General Court, shed light on how tribunals are assessing improper filing motives. -
IP Cases & Articles
The future of AI and copyright law: GEMA v OpenAI and Getty Images v Stability AI
Can a machine “learn” a copyrighted work in the legal sense, and if so, who owns the results of that learning? In the age of AI, copyright law faces new challenges more fundamental than preventing copying: It must define what “copying” means when knowledge becomes data. -
IP Cases & Articles
Political parody of a famous brand: IKEA v Algemeen Vlaams Belang
An opinion of Advocate General Szpunar, on a case referred to the Court of Justice of the European Union (CJEU), assesses how freedom of expression, under Article 10 (ECHR), interacts with EU trade mark law. The CJEU is set to determine whether political parody or satire can be relied upon… -
IP Cases & Articles
Nine lives and counting: Puma successful at the General Court
In this longstanding dispute, the EU General Court has annulled another decision of the Board of Appeal of the EUIPO, this time on the basis that the Board of Appeal failed to consider the specific degree of reputation held by Puma SE’s earlier marks. -
IP Cases & Articles
Use of AI tools at the UKIPO, EPO and USPTO
Artificial intelligence (AI) tools are increasingly being explored by patent offices worldwide as a means of improving efficiency, consistency, and search quality. For patent applicants and attorneys, understanding how these tools are used, and just as importantly how they are not used, is essential. This article considers the current position…
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