News

The latest insights, sector developments and case updates from Potter Clarkson. Explore up-to-date content from our experts and stay informed on the issues shaping the IP landscape.

Re-establishment of the right of priority for a Euro-PCT

A right to claim priority exists for 12 months after filing a first patent application for an invention. If this “priority deadline” is missed, the right of priority is lost. Fortunately, the PCT has mechanisms which allow for its restoration, subject to meeting certain criteria.

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Restoration
Patents

Synthetic biology for naturally produced patterned materials

Did you know that lots of companies are looking to nature to make new textiles, construction materials, wound dressings, and other vital materials?

Synthetic Biology
Biotech
Advanced Materials
Fashion & Apparel
Patents

Court of Appeal delivers key ruling on transparency of Unified Patent Court proceedings

Yesterday, in a highly anticipated ruling,1 the UPC Court of Appeal (“CoA”) dismissed an appeal brought by Ocado in its litigation in the UPC against Autostore, following a decision by the Nordic-Baltic Division to grant third party access to pleadings filed on the UPC Case Management System (“CMS”).

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UPC Litigation

Potter Clarkson strengthens life science team in Stockholm

Potter Clarkson has added two senior patent attorneys to their rapidly expanding life science team in Stockholm.

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How will Emotional Perception impact the patentability of AI in the UK?

In the potentially ground-breaking decision on Emotional Perception delivered late last year, the High Court found that a claim relating to a trained artificial neural network (ANN) did not fall foul of the recognised non-patentable subject matter exclusion for being a "computer program as such". However, the UK Intellectual Property Office (IPO) is now appealing the decision to the Supreme Court. Whatever the final verdict on Emotional Perception’s case, the rationale adopted by the Court looks set to have a lasting impact on the patentability of AI in the UK.

Artificial Intelligence
Electronics & Computing
Software
Patents
Litigation
IP Strategy

EUIPO launches 2024 SME Fund for intellectual property protection

The 2024 SME Fund offered by the European Intellectual Property office (EUIPO) is now live. The scheme aims to help EU-based small and medium-sized enterprises (SMEs) with protecting their intellectual property (IP) rights.

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UPC Court of Appeal overturns preliminary injunction in its first substantive decision

In a landmark ruling (and the first substantive judgment of the Court of Appeal (CoA) of the Unified Patent Court), the CoA has overturned a widely reported decision of the Munich Local Division1 in which a preliminary injunction was ordered against NanoString.

Life Sciences
UPC Litigation
Litigation

Missed the PCT filing deadline? Here’s what to do

A valid priority date is often crucial to the outcome of a patent application. Therefore, ensuring that a patent application is filed in due time within the 12-month priority period is vital. For cases where the priority deadline is missed, this article summarises actions to try to recover the lost rights.

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Restoration
Patents
court pillars

UPC Court of Appeal overturns preliminary injunction in its first substantive decision

In a landmark ruling (and the first substantive judgment of the Court of Appeal (CoA) of the Unified Patent Court), the CoA has overturned a widely reported decision of the Munich Local Division1 in which a preliminary injunction was ordered against NanoString.

Life Sciences
Biotech
Patents
Litigation
UPC Litigation

Welcome to the new Potter Clarkson Client Portal

We know just how important it is for you to have immediate access to your intellectual property portfolio.

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Five observations from one of the first interim conference hearings before the UPC

In March, Potter Clarkson represented the claimant at one of the first interim conferences to take place before the UPC. The Potter Clarkson team were: Mark Didmon, Oliver Laing, Nick McDonald, Georgia Carr and Helen Bartlett.‍

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Insights from InterDigital v Lenovo: More on the UK's place in European SEP litigation?

“The ongoing SEP case between InterDigital and Lenovo has led to a number of interesting and reportable decisions. In the latest iteration, handed down on 21 March 2024 ([2024] EWHC 596 (Ch)) Mr Justice Richards makes further determinations on applications for interim applications which builds on Teva v Novartis, as well as considering a cross-application by InterDigital for a stay”

Electronics & Computing
Patents
Licensing & Commercial Agreements
Litigation
Mediation

New crop protection molecules: addressing agricultural challenges

Pressures of climate change, resistance, regulatory pressures, and yield improvement require new crop protection molecules.

Food & Agritech
Synthetic Biology
Industrial Chemistry
Biotech
Patents
Trade Secrets
Licensing & Commercial Agreements

Tackling unpredictability in legal costs: tech companies to benefit from new UK patent court caps

In a significant development for UK patent litigation, the Civil Procedure Rules Committee (“CPRC”) has recently commenced a three-year pilot scheme, in which recoverable legal costs for mid-tier patent disputes in the High Court’s Shorter Trial Scheme (STS) are capped at £500,000. The cap hopes to provide greater financial certainty for tech SMEs and start-ups in planning and navigating litigation.

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Litigation
Patents
UPC Litigation

What has Ford been inventing?

When considering intellectual property protection for battery technology it is easy to focus on developments in battery chemistry, materials, and battery cell structures.

Battery Technology
Electronics & Computing
Engineering
Energy & Cleantech
Patents
IP Strategy

How do you protect trade secrets against departing employees?

Did you know that many disputes in relation to trade secrets are between an employer and a former employee? This is one crucial reason why it is important to protect your trade secrets both internally and externally but how do you protect trade secrets against departing employees?

Artificial Intelligence
Software
Electronics & Computing
Trade Secrets
Litigation
Licensing & Commercial Agreements