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.
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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.
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.
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.
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.
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”
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New crop protection molecules: addressing agricultural challenges
Pressures of climate change, resistance, regulatory pressures, and yield improvement require new crop protection molecules.
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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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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.
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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?
What are the most faked brands online today?
Counterfeit products are everywhere. According to the US National Crime Prevention Council, it is now an industry that boasts an annual turnover of $2 trillion, a huge increase on the $464bn the OECD estimated in 2016. It is also an industry that has diversified massively.
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Brochure: Re-establishment of the right of priority for a Euro-PCT
If an international patent application was filed after the expiry of the priority year, the right to claim priority will only be recognised by the EPO if a request for re-establishment of the right of priority is allowed under the “all due care” criteria.
Agri-informatics: Protecting data science innovation in agriculture
From nets of environmental sensors and smart irrigation networks to AI-guided tractors and drone-mounted crop surveillance, there is something altogether digital going on down on the farm.
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What does the future hold for regenerative agriculture?
Agriculture is one of the earliest technological innovations in human history.
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Who owns AI-generated works?
Businesses are continuing to find new ways to take advantage of AI. Large language models such as ChatGPT can be used to edit marketing copy, write computer code, generate images, and automate workflows. The recent ruling of a US federal court that AI-generated art cannot be copyrighted was therefore met with quite substantial consternation. Innovators want to use AI, but they are worried about protecting their creations and works.
The impact of REULA on copyright law: navigating the post-Brexit landscape
The Retained EU Law (Revocation and Reform) Act 2023 (REULA) came into force on 1 January 2024 and has some significant implications for IP law. Much IP law in the UK is derived from EU law - both implemented EU law and case law decided in view of EU law. REULA could impact all of the above.
Is it becoming more relevant to avoid greenwashing?
So, is it becoming more relevant to avoid greenwashing? The short answer is “YES”!