IP pitfalls to avoid

Recent US court decisions have, for the first time, tested whether conversations with AI tools can be protected by legal privilege. In United States v. Heppner, a court held that documents generated by a defendant using a public AI platform were not protected by attorney‑client privilege, largely because the AI was not used within a lawyer‑directed relationship and the platform’s terms allowed data retention and disclosure. By contrast, in Warner v. Gilbarco, another court found that AI‑assisted materials created by a self‑represented litigant were protected under the work‑product doctrine, which has a more forgiving standard for waiver.

This article outlines the evolution of nucleic acid sequencing, from early Sanger methods to next‑generation and long‑read technologies. The journey from deciphering individual DNA strands to sequencing entire genomes in hours represents one of biotechnology's most impressive transformations. The first human genome, completed through the Human Genome Project, took around 13 years to sequence and cost billions of dollars, whereas modern sequencing methods can now deliver a genome in hours for a few hundred dollars. For those interested in patents and life sciences, understanding the technical evolution of sequencing methods offers insights into how fundamental scientific advances translate into valuable patent portfolios.

For World IP Day, we asked experts of EIP’s five growth areas: Uniphy, Ampliphy, Stratiphy, Codiphy and Quantiphy, to share a quick insight on innovation, IP trends, and what excites them about the future. Each responded to a single, focused question reflecting the role their team plays across EIP.

INTA's Annual Meeting is coming to London. From 2–6 May 2026, the ExCeL will host more than 10,000 trade mark and IP professionals from over 100 jurisdictions — five days of sessions, side events, and the kind of corridor conversations that turn into lasting working relationships.

This article explores the complexities of patenting antibody therapies, focusing on the differing requirements and practices of the European Patent Office (EPO) and the United States Patent and Trademark Office (USPTO). It highlights how the scope of claims, inventiveness standards, and supporting data requirements vary between jurisdictions, and explains why a tailored IP strategy is essential for innovators especially SMEs seeking protection in both Europe and the US. The article also outlines how EIP’s transatlantic teams collaborate to optimise patent applications for success in these key markets.

This article explains why competitor IP monitoring is a critical part of an effective drug development strategy. By tracking competitor patent activity, companies can assess freedom to operate, identify risks and opportunities early, and make informed decisions on patent filings, licensing, and investment readiness. Ongoing monitoring also supports FTO analysis, third‑party observations, oppositions, and litigation strategy, helping life sciences businesses protect value and reduce risk throughout development.

This article looks back on a selection of key trends in the (bio)pharma industry in 2025 and looks ahead to how these may continue to develop into 2026.

For deep tech startups, intellectual property decisions often come too late or cost too much too soon. This article explores why IP strategy should be considered from day one, even if formal protection comes later. It outlines how founders can decide what to patent, when trade secrets may be more appropriate, and how detectability, enforceability and cost should shape early choices. With a focus on practicality and commercial alignment, it also looks at how newer, AI‑assisted approaches can help startups take a more cost‑effective and flexible approach to building meaningful IP protection.

National patent offices across Europe have reported a marked increase in patent filings in 2025, breaking with a long‑standing downward trend. Data from Germany, France, Italy, Sweden, Austria, Spain and Norway point to growing activity driven by digital technologies, electrification and increased university participation. At the same time, offices report a rise in self‑drafted and AI‑assisted applications, which may lower barriers to entry but also raise concerns about application quality and examination efficiency.

This recap of our LinkedIn Live series focuses on helping (bio)pharma businesses make their IP investment‑ready. Across three sessions, experts will discuss building resilient IP portfolios, making strategic IP decisions ahead of funding rounds, and what the evolving 2026 (bio)pharma landscape means for long‑term IP strategy.

As AI use accelerates in patent practice, many European patent attorneys remain cautious due to professional AI guidelines from the epi. This article argues those guidelines are not a barrier, but a baseline for responsible use.

The EU’s new Pharma Package will overhaul regulatory exclusivity, orphan drug incentives, antimicrobial innovation, and generic entry pathways, reducing standard protection periods while introducing new rewards like transferable exclusivity vouchers.

Gene editing is entering a new phase, moving beyond CRISPR-Cas9’s breakthrough but costly, bespoke therapies toward more precise and scalable platforms. While CRISPR-based treatments like Casgevy have proven clinical success, they remain expensive and entangled in ongoing patent disputes over foundational IP. Next-generation tools such as base editing and prime editing avoid double-strand DNA breaks, enabling more accurate corrections and broader therapeutic potential. The field’s focus is now shifting to disease-agnostic platforms that can be adapted across many conditions, improving access and efficiency.

This article explains how the Unified Patent Court approaches confidentiality in litigation, outlining the procedures for restricting access to sensitive information, how confidentiality clubs are formed, and when hearings may be held in private. It highlights key case law shaping these rules, the balance between fair trial rights and protection of commercial data, and the penalties for breaches. Practical guidance is provided to help parties navigate applications, manage confidential documents, and understand what to expect throughout UPC proceedings.

The European Patent Office will introduce a fee increase of roughly 5% from 1 April 2026, affecting search, examination, designation and renewal fees. Filing, excess page, opposition and appeal fees remain unchanged. Some costs—such as renewal fees—can be paid up to three months early, allowing applicants to secure the current lower rates. EIP recommends reviewing your portfolio ahead of the deadline.