Updates
UKIPO Case Studies Open the Black Box on Examining Patent Applications Relating to AI Inventions
On 22 September 2022, the United Kingdom Intellectual Property Office (IPO) published Enhanced Guidance on Examining Patent Applications Relating to Artificial Intelligence (AI) Inventions (referred to hereafter as the Guidance). The Guidance may be se...
Significant inventions that have gone under the mainstream radar
Powering Kipchoge Most people interested in sports will be aware of Project 1.59 – Eluid Kipchoge’s 2019 first sub-2 hour marathon. Technology played a significant part; he had an arrow-shaped formation of lead runners to draft, a car to pa...
Are electric vehicles tackling climate change?
Governments across the world are encouraging the switch to electric vehicles as part of the global effort to combat climate change. California recently enacted regulations to require 100% of new vehicles sold in the state must be electric, hybrid or hy...
The WaterRower managed to row back from being struck out
In the recent strike out application heard on 28 July 2022, Waterrower (UK) Limited v Liking Limited (T/A Topiom) [2022] EWHC 2084 (IPEC), David Stone, sitting as deputy high court judge, considered whether a rowing machine could be considered to be a ...
Member States participating in UPC
Member States of the EU that have already ratified the UPC Agreement (or in the case of Germany has indicated it will do so) and so will take part in the UPC as soon as it commences are: Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, G...
The Concept of “Technical Character” becomes increasingly relevant for healthcare patents – Lessons from Recent EPO BoA Decisions
As patent attorneys practicing in the healthcare sector, we are encountering more and more inventions which straddle the life and computer science fields. AI and smart technologies are now a central feature in many medical technologies. In claims inco...
Internet video evidence as prior art? The EPO Boards of Appeal have views...
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO. T3000/19 concerns an appeal from the examining division who had refused an application based on a vid...
Artificial Intelligence and Intellectual Property – the Government’s Plans to amend UK law – or not!
Background On 28 June 2022, the UK Government published its updated conclusions to the consultation it launched in October 2021 which looked at how patents and copyright, which respectively are intended to reward inventors and creators by protecting in...
Tilting At Windmills
A few weeks ago, I wrote an article for Pride Month. I sat down, started to write, and the next thing I knew it was two hours later and I had eight pages of righteous anger and elaborate verbiage burning smoking holes in the page in front of me. Someth...
IP considerations arising from increased micro mobility competition
Following the Queen’s Speech, and years of consultations and lobbying from the micro mobility sector, it looks like the e-scooter industry is in for a bumper year. The vehicles have until now been legal to buy, yet illegal to use on the UK’s public roa...
Are open-source patent portfolios the key to the EV revolution?
The widespread rollout of electric vehicles is viewed as a crucial part of the UK’s green revolution. When discussing how this can be achieved, charging infrastructure is often cited as the key to ensuring the appeal and accessibility of electric vehic...
What languages does the UPC use?
Central Division Proceedings at the central division will be in the language in which the patent was granted. Local/Regional Divisions Proceedings at the local/regional divisions will be in either: An official language of the Member State in which th...
What is the Unitary Patent, and how do I get one?
The Unitary Patent will be a single patent right, obtained via the European Patent Office, covering all EU Member States which have ratified the agreement at the patent grant date. (As of June 2022, the participating countries are Belgium, Bulgaria, De...
What is the Unified Patent Court?
The Unified Patent Court (“UPC”) is a new pan-European court expected to open for business some time after October 2022. It will adjudicate disputes relating to the new Unitary Patents and also to existing and future European patents (unless they have ...
How does the opt-out work in the transitional period of the UPC Agreement?
The Unified Patent Court (UPC) will ultimately be responsible for all litigation in participating member states relating to patents granted by the European Patent Office (EPO); national courts in those countries will only retain jurisdiction over natio...
What is the likely timing of the UPC and UP coming into being?
The Unified Patent Court (UPC) is currently completing preparations to be open for business (under the Protocol on the Provisional Application of the UPC Agreement (the ‘PAP-Protocol’)). The Preparatory Committee initially indicated that the preparatio...
What are the options if you want to avoid the UPC?
During the transitional period, it is possible to opt classical (i.e. non-unitary) European patents and applications out of the competence of the UPC (provided that no action has commenced at the UPC in respect of that patent). The opt-out lasts for th...
What are the options if you want to be able to use the UPC?
All unitary patents will fall within the competence of the Unified Patent Court (UPC). Additionally, classical validations of European Patents in states which have ratified the UPC agreement will fall within the competence of the UPC (unless opted-out)...
Patents Court affirms power to grant injunctions for pre-grant patents, but refuses injunction for Novartis
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod, sold under the brand name “Gilenya”. The Patents Court...
Pride Month, Progress, and The Paradox of Tolerance
Once upon a time, in New York City, there was a riot. Not, by itself, an especially notable occurrence – New York is a pretty good place for rioting, as such places go, and as both myself and my friend Eugene can attest, you often don’t need much to s...
Mobility-as-a-Service – how will you travel?
The taxi service industry has undergone huge disruption over the last decade with the proliferation of ride-hailing apps. The success of companies like Uber® and Lyft® is proof of a global willingness by travellers to interact with travel providers in ...