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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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USPTO refuses OpenAI’s application for a trade mark for “GPT”
The US Patent and Trade Mark Office (“USPTO”) has denied OpenAI’s application to register “GPT” as a trade mark, on the basis that it is merely descriptive of the goods and services specified by the mark applied for.
Trade secrets can supercharge life science start-ups, if founders know how to use them
Think back to school. As soon as you shared a secret, there was no chance you’d ever get control of it back. In the same way, preventing the theft of ideas through corporate espionage or other means presents challenges. What is clear to the perpetrators is the value that trade secrets hold. But what is under-appreciated by many in the life sciences is just how many trade secrets they might have and just how much value they can secure by protecting them.
Google defends its AI chips in $7 billion trial
Following the U.S. International Trade Commission’s (ITC) ruling that Apple infringed the patents of medical device technology company Masimo, Google could be the next FAANG (Facebook, Apple, Amazon, Netflix, Google) giant in the firing line for patent infringement.
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How to gain more time and delay the prosecution of a European patent application
How long will it take for my European patent application to be granted? This is a common question from applicants and one which is difficult to predict, but there are things that can be done to influence the speed of prosecution.
Innovation in energy storage technologies
Energy storage is an essential technology for future power grids. In terms of innovation it will not be a surprise that Lithium-Ion battery technology has been the main focus. According to the European Patent Office, 88% of patenting activity in the field of energy storage is directed to electrochemical batteries and 45% of that is focussed on lithium-ion.
Soles, stripes and stirrups: standing out from the crowd
The issue of a crowded market - that is, prevalence of similar brands in the same commercial field - was referred to in various fashion and footwear decisions in 2023. From gold-soled heels to parallel varsity stripes and horse-and-rider polo motifs, what can brands learn about protecting their marks in seemingly saturated markets?
Might an output from an AI infringe a third party’s rights, and who may be liable?
As described in our article, parties training generative AIs on data obtained from third parties are at risk of infringing the rights of those third parties, on the basis that the data used in the training set was copied, without authorisation.
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Can outputs from generative AI be protected by copyright?
There are currently important legal and policy discussions ongoing in numerous territories about whether the outputs from generative AI should be protected by copyright.
How is an AI invention patentable?
AI is one of the most exciting areas of innovation, particularly for start-ups and spin-outs. It is vital to protect. A patent can provide strong, tangible protection for your key technologies, allowing you to secure your valuation and attract investment. A few of the most common questions about patenting AI are answered below.
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What rights might subsist in the AI itself? How can you protect those rights?
Businesses are increasingly recognising the value of artificial intelligence, meaning that pursuing IP rights for AI innovations is more important than ever.
What is AI? What is an LLM and generative AI, and how do they work?
Artificial intelligence (AI) is an umbrella term for computer software which mimics human intelligence in order to perform tasks and learn from them.
What data is used to train an AI, where does it come from, and who owns it?
Artificial intelligence (AI) relies on large amounts of data. Machine learning algorithms learn to find inter-dependencies and patterns amongst data sets and apply those learnings to any new data it is presented with. It follows that the higher the volume and quality of the data (being uniform, diverse, comprehensive and relevant), the more accurate the algorithms.
Trade secrets: Protection and employee risk
What do Coca-Cola, WD-40, and Chanel No 5 have in common? The answer is simple. They are all protected trade secrets as no one but the manufacturers have the recipe.
Evidencing infringement before the UPC – saisie procedure
Under the UPC rules, an applicant can seek an order to preserve evidence or permit inspection of evidence. This procedure resembles the "Saisie-Contrefaçon" procedure, a common feature of patent litigation in France.
Pursuing EPO Oppositions and UPC revocation actions in parallel
The UPC operates as a further, or alternative forum, in which European patents that have not been opted out can be centrally revoked across Europe. So, in what scenarios should businesses consider seeking revocation of competitors’ patents in the UPC?
What is opting-out?
All European patents with unitary effect (that is, Unitary Patents) must use the UPC for infringement or invalidity proceedings. This is not the case for European patents that are validated in a participating Member State, whether granted before or after the UPC comes into force.