News

EHDS and the future of health data transactions in Europe

An IP lawyer's perspective for life science executives, founders, investors and innovation leaders.

Health data is increasingly becoming a valuable commercial asset for European life sciences companies, with the EHDS helping to create a more connected market for its use and reuse. The article explores the emerging opportunities and highlights the importance of robust legal frameworks around data ownership, provenance and commercialisation.

Protecting an iGaming brand internationally

For an iGaming business, international expansion can transform a successful local operator into a valuable global brand. But entering new markets brings an important intellectual property challenge: how do you protect an iGaming brand internationally?

International expansion can create significant trade mark challenges for iGaming businesses, where protection is territorial and must be planned across relevant markets. A proactive strategy covering clearance, registration, monitoring and enforcement can help protect the brand as the business grows.

G 1/25: Description amendments at the EPO - business as usual?

The Enlarged Board of Appeal (EBA) has now delivered its highly anticipated decision in G 1/25, providing updated guidance on whether an applicant or patentee must amend the description following amendment of the claims.

The EBA’s decision in G 1/25 provides updated guidance on when description amendments are required following claim amendments, building on the holistic approach to claim interpretation established in G 1/24. The decision may reduce unnecessary description amendments, while allowing the EPO to require changes where an inconsistency results in genuine EPC non-compliance.

Drug repurposing and second medical use patents: unlocking new value from known medicines

Driven by industry efforts to accelerate pipelines and reduce risk, drug repurposing and second medical use patents are gaining renewed importance. Companies are leveraging known compounds to unlock new indications, extend product lifecycles and increase value by evolving their IP and regulatory exclusivity strategies to meet the voracious demands of our increasingly competitive global pharmaceutical markets.

Drug repurposing and second medical use patents are becoming increasingly important as companies look to accelerate pipelines, reduce risk and unlock new value from known compounds. Evolving IP and regulatory exclusivity strategies can help extend product lifecycles and support new indications in competitive pharmaceutical markets.

Omnia v Sidel: UPC opens the door to pre-patent grant actions

In a recent decision (UPC CFI 799/2026, 7 May 2026), the Paris Central Division has authorised the filing of a UPC action in respect of patent applications, emphasising the importance of filing opt-outs early in the prosecution process.

The Omnia v Sidel decision opens the door to UPC actions being filed before a European patent is granted, where grant is sufficiently close. The decision is pending appeal, but in the meantime, patentees should consider filing opt-outs earlier in the prosecution process if they want to shield their patents from UPC jurisdiction.

Potter Clarkson launches dedicated women’s health & femtech team

Potter Clarkson is pleased to announce the launch of its dedicated women’s health and femtech team, bringing together intellectual property (IP) specialists from across the firm to support innovators, investors and growth companies in one of healthcare’s most dynamic and strategically important sectors.

Potter Clarkson has launched a dedicated women’s health and femtech team to support innovators across this fast-growing sector. The team brings together IP expertise across life sciences, medtech and digital health to help businesses protect innovation and maximise commercial value.

Drug discovery in space: How microgravity is transforming pharmaceutical innovation

Drug discovery in space is emerging as one of the most exciting frontiers in pharmaceutical innovation, offering new opportunities to identify, develop and manufacture improved medicines.

Drug discovery in space could open new opportunities for developing and manufacturing medicines by using microgravity to improve pharmaceutical formulations and discover new crystal forms. As the sector develops, innovators will also need to consider the complex IP issues surrounding patent protection and enforcement for activities carried out in space.

EU design law gets a digital upgrade

EU design law has entered a new phase. The latest reforms, which apply from 1 July 2026, are intended to bring design protection into the digital age and keep up with the way products are now created, shared and copied.

The latest EU design reforms make registered design protection more flexible and better suited to digital and modern products, while strengthening enforcement against counterfeiting and 3D printing. Although the changes simplify the process in several respects, careful filing strategy remains important to secure commercially useful protection.

EU AI Act Article 50: New AI transparency rules

On Sunday 2 August 2026, Article 50 of the EU AI Act came into force, setting out various transparency obligations for providers and deployers of certain AI systems.

Article 50 of the EU AI Act introduces wide-ranging transparency requirements for AI providers and users, covering everything from chatbots and generative AI to deepfakes and biometric systems. The article highlights the practical and IP implications for businesses and stresses the importance of understanding and complying with the new obligations.

Priority patent applications for biotech and chemistry startups

One of the first questions many biotechnology, synthetic biology, and chemistry startups ask is: "do we need experimental data before filing a priority application?"‍

The article explains that whether data is needed to file a priority patent application depends on the nature of the invention and whether the application provides a genuine, enabling disclosure. For startups, the key is to balance filing early with including enough technical support to establish that the invention is credible, particularly for therapeutic and other unpredictable inventions.

The deal killers investors often find too late: An IP lawyer’s guide to investor readiness

Private equity firms and venture capital investors spend significant time and money on due diligence because they know the biggest risks are often hidden beneath what can look like impressive growth numbers.

The article highlights the key IP, legal, ownership and governance risks that can emerge during investor due diligence, from unclear IP ownership and inadequate protection to software, compliance and documentation gaps. It explains why identifying and addressing these issues early can reduce uncertainty, strengthen investor confidence and help businesses maximise their chances of securing investment.

Potter Clarkson experts recognised in Lexology Index 2026

Several Potter Clarkson patent and trade mark professionals have been recognised in the Lexology Index 2026, reflecting their expertise and standing within the intellectual property profession.

Several Potter Clarkson patent and trade mark professionals have been recognised in the Lexology Index 2026

HPV-positive oropharyngeal cancer: prevention to precision treatment

HPV vaccination could eventually reduce HPV-positive oropharyngeal cancer, particularly in men, but this will take decades to become evident. Meanwhile, new treatments and biomarker-guided approaches offer significant clinical and IP opportunities.

Unlocking the future of cleantech

Unlocking the future of cleantech explores the specific challenges facing the next generation of cleantech innovators as they move from breakthrough ideas to commercial reality.

Unlocking the future of cleantech explores the challenges of commercialising and scaling cleantech innovation, from securing investment and navigating regulation to managing supply chains and market adoption. It also examines how IP can help innovators protect their ideas, attract capital, collaborate safely and build long-term competitive advantage.

Supporting Nottingham Pride through pro bono trade mark expertise

Jordan Mitchell is a trainee trade mark attorney in Potter Clarkson's Nottingham office. Drawing on nearly a decade of experience across trade marks and patents, he helps clients protect their brands and navigate intellectual property challenges.

Jordan Mitchell shares how he helped Nottingham Pride secure trade mark protection through pro bono legal support, helping safeguard the charity's identity and brand. The article explores why trade marks matter for charities, the application process, and the positive impact of pro bono IP expertise on local communities.

Winning at the EPO: Proven specialists in EPO oppositions

A successful outcome in an EPO opposition is about much more than technical arguments. It requires careful preparation, a clear commercial strategy and experienced advocacy. Whether you're defending your own European patent or challenging a competitor's, the decisions you make before, during and after opposition proceedings can have a significant impact on your business.

Success in EPO oppositions depends on more than technical expertise. This brochure explores the strategies, advocacy and commercial thinking needed to successfully defend or challenge European patents, while navigating the evolving patent landscape. Download the brochure to discover how our experienced team helps clients achieve successful outcomes in complex EPO opposition proceedings.