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.
Legal Limbo: Genmab’s ofatumumab SPC dilemma heads to CJEU
The Metropolitan Court of Hungary (Fővárosi Törvényszék) has referred a new question to the Court of Justice of the EU (CJEU) about the requirements for obtaining supplementary protection certificates (SPCs). Joel Beevers explains what we know so far in this emergent case.
UPC rejects application for stay pending outcome of EPO Opposition proceedings
By way of Order dated 25 April 2024, the Paris Central Division has rejected a request for a stay of revocation proceedings before the UPC, pending the outcome of European Patent Office (EPO) Opposition proceedings concerning the same patent.
Electronics and engineering companies lead 2023 PCT filings
According to data released in March by the World Intellectual Property Office, WIPO, Huawei, Samsung and Qualcomm retained their positions as the top three filers of international patent applications filed in 2023.
An update from the EPO regarding signatures and signatories
As written by Sophie Butler (Patent Formalities Paralegal) in conjunction with Caroline Marshall (Partner & Board Member - Patent Attorney).
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Female fashion founder trailblazing wondrous wearable tech
It is critical for fashion technology brands to protect their wearable innovations. Having created revolutionary textiles technology with applications spanning earth to space, Swedish fashion tech brand Transforming Textiles AB knows the important role IP plays in bringing an innovative fashion product to market.
Don’t risk losing your UK cloned design rights post-Brexit
When the transition period for the UK’s exit from the EU ended on 1 January 2021, registered European Community registered designs were no longer valid in the UK. The UK rights were automatically replaced by UK registered designs.
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Re-establishing an inadvertently lapsed patent application at the EPO
A European patent may inadvertently lapse due to missing a deadline. This will result in a loss of rights. However, at the European Patent Office (EPO), one may request re-establishment of rights with respect to a missed time limit which results in a loss-of-rights situation.
Channelling innovation in greentech: UK IPO report spotlights industry leaders
Amidst the ongoing climate crisis and growing global push for sustainability, the UK government has released a ten-point plan for a green industrial revolution, bolstering efforts to meet the UK’s net zero greenhouse gas (GHG) emissions pledge by 2050.
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IEA publishes annual report: Outlook for electric vehicles in 2024 and beyond
This week, the International Energy Agency (IEA) published their annual review on global developments in the electric vehicle (EV) industry.
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Hugh Grant settles his phone hacking claim against The Sun
Actor Hugh Grant has reported that he has settled his phone hacking claim against The Sun newspaper’s publisher, News Group Newspapers (“NGN”) in a series of posts on X (formerly Twitter). This follows a Part 36 offer from NGN which would mean that, even if he won, Mr Grant would risk paying NGN’s legal costs of up to £10M if the matter went to trial.
Congratulations to Sonja Hyvärinen who is now a fully qualified Finnish trade mark attorney
We would like to extend a huge congratulations to Sonja Hyvärinen who has just qualified as a Finnish trade mark attorney. This qualification is a fitting reward for her hard work and we are delighted to have Sonja as part of our Nordic team.
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.
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?
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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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.
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.