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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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.
Creating the right IP strategy to maximise the value of your innovation
An IP strategy is the part of your business plan that sets out exactly how you plan to develop, protect, use and - most importantly - commercialise your intellectual property (IP) so your innovation can achieve its maximum value.
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What are protective letters?
Patentees under the jurisdiction of the UPC are able to seek and may be granted provisional measures, ex parte, without hearing the respondent.
Potter Clarkson celebrates eight promotions
Potter Clarkson is delighted to announce eight well-deserved promotions, effective January 1, 2024, marking a successful end to the year.